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STATE FARM FIRE AND CAS. CO. v. CITIZENS INS. CO.

Docket No. 47062.

100 Mich. App. 168 (1980)

298 N.W.2d 651

STATE FARM FIRE AND CASUALTY COMPANY v. CITIZENS INSURANCE COMPANY OF AMERICA

Michigan Court of Appeals.

Decided September 15, 1980.

Attorney(s) appearing for the Case

Willingham, Cote, Hanslovsky, Griffith & Foresman, P.C. (by John A. Yeager), for plaintiff.

Stanton, Bullen, Nelson, Moilanen & Klassen, P.C., for defendant.

Before: CYNAR, P.J., and M.J. KELLY and T. GILLESPIE, JJ.

CYNAR, P.J.

Plaintiff filed an action seeking a declaratory judgment as to plaintiff's right to partial recoupment from defendant for certain personal protection insurance benefits paid under a no-fault automobile insurance policy issued by plaintiff. Following a hearing, the trial court granted defendant's motion for summary judgment made pursuant to GCR 1963, 117.2(1). Plaintiff's motion for rehearing was denied, from which plaintiff takes this appeal as of right...

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