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SULLIVAN v. THOMAS ORGANIZATION, P.C.

Docket No. 77-2707.

88 Mich. App. 77 (1979)

276 N.W.2d 522

SULLIVAN v. THE THOMAS ORGANIZATION, P.C.

Michigan Court of Appeals.

Decided January 16, 1979.

Attorney(s) appearing for the Case

Bushnell, Gage & Reizen (by William A. Roy), for plaintiffs.

Bayer, Gornbein & Kaplan, P.C., for defendants.

Before: R.B. BURNS, P.J., and J.H. GILLIS and V.J. BRENNAN, JJ.

R.B. BURNS, P.J.

In this disparagement of title action, defendants moved for summary judgment under GCR 1963, 117.2(1) and GCR 1963, 117.2(3). The trial court entered an order granting summary judgment for the reasons set forth in defendants' brief, without indicating under which subrule it was granting the motion. Defendants' brief confused the analysis under the two subrules by relying upon deposition testimony in arguing that plaintiffs had failed to state a cause...

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