GOODRICH THEATERS, INC. v. WARNER BROS. DISTRIBUTING CORP.

Docket No. 50001.

103 Mich. App. 548 (1981)

302 N.W.2d 913

GOODRICH THEATERS, INC. v. WARNER BROTHERS DISTRIBUTING CORPORATION

Michigan Court of Appeals.

Decided February 4, 1981.


Attorney(s) appearing for the Case

Clary, Nantz, Wood, Hoffius, Rankin & Cooper (by Gregory G. Prasher and John H. Gretzinger), for plaintiff.

Butzel, Long, Gust, Klein & Van Zile (by Philip J. Kessler and Dennis B. Schultz), for defendants Warner Brothers Distributing Corporation and Donald Martin.

Simon, Deitch, Siefman & Tucker, for defendants Kelly Theatre Service and Joseph Kelly.

Before: T.M. BURNS, P.J., and ALLEN and D.F. WALSH, JJ.


ALLEN, J.

Does GCR 1963, 111.6 allow an award of actual attorney fees where, after extensive discovery and trial preparation, plaintiffs action is voluntarily dismissed with prejudice? January 28, 1980, the respected trial court answered this question in the affirmative and awarded defendants-appellees $7,360 in attorney fees. On May 6, 1980, this Court issued its opinion in Reppuhn v Abell, 97 Mich.App. 407;

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