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NOBLE v. ROADWAY EXPRESS, INC.

Docket No. 85642.

153 Mich. App. 12 (1986)

394 N.W.2d 128

NOBLE v. ROADWAY EXPRESS, INC.

Michigan Court of Appeals.

Decided July 7, 1986.

Attorney(s) appearing for the Case

Kelman, Loria, Downing, Schneider & Simpson (by Michael L. Pitt), for plaintiffs.

Vandeveer, Garzia, Tonkin, Kerr, Heaphy, Moore, Sills & Poling, P.C. (by Robert D. Brignall), for defendants.

Before: M.J. KELLY, P.J., and SHEPHERD and C.W. SIMON, JJ.

SHEPHERD, J.

This is an appeal and cross-appeal from an order of summary judgment under GCR 1963, 117.2(3) in favor of defendants Fred Hartel and Roadway Express, Inc. The plaintiffs' complaint stated one count of negligence against each of the defendants. We reverse the summary judgment order and remand for further proceedings.

On May 20, 1983, defendant Hartel delivered six gasoline pumps to Eastside Marathon. The delivery was made in the course of his employment...

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