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O'BRIEN v. HAZELET & ERDAL

Docket Nos. 61666, 61342, 61483, 61498-61501. (Calendar Nos. 1-4).

410 Mich. 1 (1980)

299 N.W.2d 336

O'BRIEN v. HAZELET & ERDAL MUZAR v. METRO TOWN HOUSES, INC BOUSER v. CITY OF LINCOLN PARK OOLE v. OOSTING

Supreme Court of Michigan.

Decided December 23, 1980.

Attorney(s) appearing for the Case

Cholette, Perkins & Buchanan (by Bruce M. Bieneman and Marc A. Kidder) for plaintiffs O'Brien.

Milan & Miller, P.C. (by Allen S. Miller), for plaintiffs Bouser.

DeGroot, Kalliel, Triant & Conklin, P.C., for plaintiffs Oole and Carpenter.

Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen by William D. Booth, Jeannette A. Paskin and Christine D. Oldani, for defendant Hazelet & Erdal, and third-party defendant Lehner Associates, Inc., and by Dennis Day and Jeannette A. Paskin, for defendant Pate, Hirn and Bogue, Inc.

Hillman, Baxter & Hammond (by Michael D. Wade) for defendant Knapp.

Allaben, Massie, Vander Weyden & Timmer (by Timothy I. Miner) for defendant Newhof.

Warner, Norcross & Judd (by Peter L. Gustafson) for defendants Moss and Casemier.

Eli Friedman for third-party defendant Dembs Building Company.

LEVIN, J.

These cases present due process and equal protection challenges to the constitutionality of a statute which provides that actions for injuries arising out of the defective and unsafe condition of an improvement to real property may not be maintained against "any state licensed architect or professional engineer performing or furnishing the design or supervision of construction of such improvement more than 6 years after the time of occupancy of the completed...

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