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ALLAN v. M & S MORTGAGE CO.

Docket No. 69916.

138 Mich. App. 28 (1984)

359 N.W.2d 238

ALLAN v. M & S MORTGAGE COMPANY

Michigan Court of Appeals.

Decided October 2, 1984.

Attorney(s) appearing for the Case

Law Offices of Robert D. Flack (by Robert D. Flack and Daniel L. Vogt), for plaintiffs.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Mark A. Goldman, Assistant Attorney General, for the Attorney General.

Martin W. Bordoley, for defendants M & S Mortgage, Topper, Robinson, Szymula and Wine.

J. Leonard Schreiman, for defendant Lepler.

Amicus Curiae:

Dickinson, Wright, Moon, VanDusen & Freeman (by Robert P. Hurlbert and Sara Zivian Zwickl), for amicus lenders.

Before: BRONSON, P.J., and M.J. KELLY and R.S. HOFFIUS, JJ.

PER CURIAM.

Plaintiffs, Florence and Elmer Allan, appeal as of right from the circuit court's order granting summary judgment for defendants and dismissing plaintiffs' complaint for declaratory relief. Plaintiffs' claim for relief under the Michigan Consumer Protection Act, MCL 445.901 et seq.; MSA 19.418(1) et seq., also was rejected. The primary issue raised on appeal is plaintiffs' challenge to the ability of second-mortgage lenders to insist that...

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