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BRANDON TWP. v. JEROME BUILDERS, INC.

Docket No. 31239.

80 Mich. App. 180 (1977)

263 N.W.2d 326

BRANDON TOWNSHIP v. JEROME BUILDERS, INC.

Michigan Court of Appeals.

Decided December 6, 1977.

Attorney(s) appearing for the Case

Campbell, Kurzman, Plunkett & Roggenbaum (by Richard A. Campbell, J. Kingsley Cotton and Patrick M. Barrett), for plaintiff.

Stanton L. Walker, P.C. (by Ralph H. Watt), for defendant.

Before: T.M. BURNS, P.J., and R.B. BURNS and W.R. BROWN, JJ.

R.B. BURNS, J.

Plaintiff brought this action to recover the costs of repairs it made to a dam owned by defendants. On the date set for trial, the trial court sua sponte1 entered summary judgment against plaintiff for failure to state a claim upon which relief could be granted, GCR 1963, 117.2(1), and plaintiff appeals. We reverse.

Plaintiff's amended complaint alleged that...

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