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FOUT v. DIETZ

Docket Nos. 28087, 28207.

75 Mich. App. 128 (1977)

254 N.W.2d 813

FOUT v. DIETZ

Michigan Court of Appeals.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Gillett & Carpenter, for Citizens Mutual Insurance Company.

Dreyer & Braeuninger (by Steve R. DuBois), for Ronald Bredow and Auto-Owners Insurance Company.

Murchie, Calcutt & Sondee, for Michigan Mutual Insurance Company.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Joseph B. Bilitzke and Carl K. Carlsen, Assistants Attorney General, for the Secretary of State.

Before: R.B. BURNS, P.J., and BASHARA and QUINN, JJ.

BASHARA, J.

This appeal arises from a declaratory judgment holding that defendant Daniel Dietz drove defendant Ronald Bredow's auto with Bredow's implied consent at the time it was involved in an auto accident. The accident resulted in the death of plaintiff's husband.1 The facts, as developed by deposition and at trial, are crucial to our determination.

Dietz had known Bredow for...

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