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HILL v. CLARK EQUIPMENT CO.

Docket No. 27085.

85 Mich. App. 1 (1978)

270 N.W.2d 722

HILL v. CLARK EQUIPMENT COMPANY

Michigan Court of Appeals.

Decided August 7, 1978.

Attorney(s) appearing for the Case

Cicinelli, Mossner, Majoros & Alexander, P.C., for plaintiff.

Cholette, Perkins & Buchanan (by Kenneth L. Block), for defendant.

Before: M.J. KELLY, P.J., and M.F. CAVANAGH and J.R. ROOD, JJ.

M.J. KELLY, P.J.

Pursuant to a grant of rehearing dated March 15, 1978, we are persuaded, albeit reluctantly, that, adhering to our previous decisions that Alabama law applies in this case, we must reverse and remand for trial on Count IV of plaintiff's complaint alleging strict liability in tort under 2 Restatement Torts, 2d, § 402A, pp 347-348, because that issue has been properly preserved by plaintiff's presentation and representation of same both to the...

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