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OVIST v. CITY OF HANCOCK

Docket No. 62222.

123 Mich. App. 276 (1983)

333 N.W.2d 250

OVIST v. CITY OF HANCOCK

Michigan Court of Appeals.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Wisti & Jaaskelainen, P.C. (by Michael E. Makinen), for plaintiff.

Vairo, Mechlin, Tomasi, Johnson & Manchester (by David R. Mechlin), for defendant.

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

PER CURIAM.

Plaintiffs sued the defendant for injuries plaintiff Robert Ovist received while repairing a portion of US-41 highway in the City of Hancock which had caved in due to a broken water line. The trial court granted the defendant a summary judgment based upon governmental immunity under MCL 691.1407; MSA 3.996(107) and MCL 250.61; MSA 9.901. Plaintiffs were granted leave to file a delayed appeal to this Court.

Plaintiffs first argue that the summary...

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