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BUFFA v. DYCK

Docket No. 71207.

137 Mich. App. 679 (1984)

358 N.W.2d 918

BUFFA v. DYCK

Michigan Court of Appeals.

Decided July 19, 1984.

Attorney(s) appearing for the Case

Gagleard, Addis, Imbrunone & Gagleard, P.C. (by Michael A. Gagleard), for plaintiffs.

Martin, Bacon & Martin, P.C. (by Stuart A. Fraser), for defendant.

Before: HOOD, P.J., and M.J. KELLY and R.C. LIVO, JJ.

PER CURIAM.

Plaintiffs appeal as of right from an order of summary judgment in favor of defendant. Defendant filed her motion under both GCR 1963, 117.2, subds (1) and (3), and the trial court appeared to decide the motion under GCR 1963, 117.2(1), holding that "no factual development could possibly justify a right to recovery". In its opinion, however, the trial court relied upon facts developed by the parties on discovery...

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