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FORMALL, INC. v. COMMUNITY NAT. BANK

Docket No. 71848.

138 Mich. App. 588 (1984)

360 N.W.2d 902

FORMALL, INC. v. COMMUNITY NATIONAL BANK

Michigan Court of Appeals.

Decided November 5, 1984.

Attorney(s) appearing for the Case

Rickel, Earle & Wokas (by Donald L. Bramlage, Jr.), for plaintiffs.

Bodman, Longley & Dahling (by Kenneth R. Lango and Larry R. Shulman), for defendant.

Before: ALLEN, P.J., and V.J. BRENNAN and R.M. DANIELS, JJ.

ALLEN, P.J.

We are asked to determine whether an "anti-waiver" clause in a revolving credit note for $200,000 may be the subject of estoppel based on the lender bank's prior course of conduct. The trial court answered this question in the negative and on April 29, 1983, issued an order for partial summary judgment dismissing Count I of plaintiffs' complaint against defendant bank.1 The question...

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