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HORN v. COOKE

Docket No. 57596.

118 Mich. App. 740 (1982)

325 N.W.2d 558

HORN v. COOKE

Michigan Court of Appeals.

Decided August 24, 1982.

Attorney(s) appearing for the Case

Charfoos, Christensen, Gilbert & Archer, P.C. (by John A. Obee and J. Douglas Peters), for plaintiff.

Bennett, Lewis, LaParl, Hollander, Stephens & Milligan, P.C. (by Richard A. Milligan and James M. Marquardt), for defendants Weldon J. Cooke and Southwestern Medical Clinic, P.C.

Best, Arnold, Gleeson & Best, P.C. (by Anne L. Heyns), for defendant Berrien County.

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

ALLEN, J.

Plaintiff brought this medical malpractice action after undergoing abdominal surgery on January 11, 1978. Defendants Weldon Cooke, Southwestern Medical Clinic, and Berrien County moved for accelerated judgment, claiming the circuit court lacked jurisdiction over the subject matter as plaintiff had signed an arbitration agreement before surgery and there had been no timely revocation of the agreement. The Berrien County Circuit Court granted the motion on...

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