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EYDE BROS. DEV. CO. v. EATON CTY. DRAIN COMM.

Docket No. 77724.

145 Mich. App. 269 (1985)

377 N.W.2d 857

EYDE BROTHERS DEVELOPMENT COMPANY v. EATON COUNTY DRAIN COMMISSIONER

Michigan Court of Appeals.

Decided August 22, 1985.

Attorney(s) appearing for the Case

Reid, Reid, Perry, Lasky & Hollander, P.C. (by Joseph D. Reid and John R. Fifarek), for plaintiff.

W.J. Drillock, for Eaton County Drain Commissioner.

Paul F. Berger, Prosecuting Attorney, and C. Sherman Mowbray, Assistant Prosecuting Attorney, for Eaton County and the Eaton County Board of Commissioners.

Foster, Swift, Collins & Coey, P.C. (by Theodore W. Swift, William K. Fahey and Stephen O. Schultz), and Steven C. Hess, for Blue Cross and Blue Shield of Michigan.

Before: CYNAR, P.J., and WAHLS and S.T. FINCH, JJ.

S.T. FINCH, J.

The instant appeal involves two separate actions which were consolidated in the circuit court. Plaintiff Eyde Brothers Development Company appeals by leave granted from a circuit court order granting summary judgment, GCR 1963, 117.2(1), in favor of defendant Eaton County Drain Commissioner. The circuit court held that plaintiff had failed to state a claim for a writ of mandamus. Plaintiff also appeals as of right from the circuit court's order modifying...

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