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MANUFACTURERS NATIONAL BANK OF DETROIT v. DEPARTMENT OF NATURAL RESOURCES

Docket No. 77-4909.

115 Mich. App. 294 (1982)

320 N.W.2d 403

MANUFACTURERS NATIONAL BANK OF DETROIT v. DEPARTMENT OF NATURAL RESOURCES.

Michigan Court of Appeals.

Decided April 21, 1982.

Attorney(s) appearing for the Case

Lynch, Gallagher, Lynch, Shirley, Martineau & Campbell, for plaintiffs.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Terrence P. Grady, Assistant Attorney General, for defendant Supervisor of Wells.

Loomis, Evert, Ederer, Parsley, David & Gotting (by George W. Loomis, Harvey J. Messing and Michael G. Oliva), for defendants Shell Oil Company and Northern Michigan Exploration Company.

Before: R.B. BURNS, P.J., and D.F. WALSH and D.C. RILEY, JJ.

ON REHEARING

R.B. BURNS, P.J.

This case comes to us on rehearing. It originally was reported in 85 Mich.App. 173; 270 N.W.2d 550 (1978).

The Court stated:

"A landowner owns the oil and gas under his land, and may recover from the wrongful appropriation of his oil and gas by another. See, e.g., Ross v Damm, 278 Mich. 388; 270 NW 722 (1936). Where the Supervisor...

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