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ALLIS CHALMERS LEASING SERVICES CORP. v. BYRON CENTER STATE BANK

Docket No. 61643.

129 Mich. App. 602 (1983)

341 N.W.2d 837

ALLIS CHALMERS LEASING SERVICES CORPORATION v. BYRON CENTER STATE BANK

Michigan Court of Appeals.

Decided October 11, 1983.

Attorney(s) appearing for the Case

Day, Sawdey, Flaggert & Porter (by William A. Hubble), for plaintiff.

Cholette, Perkins & Buchanan (by Terry J. Mroz), for defendant.

Before: D.E. HOLBROOK, JR., P.J., and D.F. WALSH and J.C. KINGSLEY, JJ.

PER CURIAM.

Defendant appeals from a partial summary judgment entered pursuant to GCR 1963, 117.2(3) by which plaintiff was awarded $114,737. The test to be utilized in reviewing such a judgment is whether, in giving the benefit of any reasonable doubt to the opposing party, it is impossible for the claim or defense to be supported at trial because of some deficiency which cannot be overcome. Rizzo v Kretschmer, 389 Mich. 363

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