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FREEMAN v. CONSUMERS POWER

Docket Nos. 88995-88997, 89554.

437 Mich. 514 (1991)

473 N.W.2d 63

FREEMAN v. CONSUMERS POWER COMPANY

Supreme Court of Michigan.

Decided July 30, 1991.

Attorney(s) appearing for the Case

Randall D. Fielstra for the plaintiffs.

James W. Dempsey for defendant Consumers Power Company.

Neil P. Jansen for defendant Tommy N. Crawford, doing business as Tommy's Refrigeration Service.

William M. Bremer and Phillip J. Nelson for defendant DEC International, Inc.

PER CURIAM:

This case presents the question whether actual costs can be awarded pursuant to MCR 2.405(D) in a case that has been decided by summary disposition. The circuit court awarded such costs, and the Court of Appeals affirmed. We reverse, because the plain language of the court rule precludes such an award.

I

The plaintiffs own a dairy farm in Kent County. In 1977, they purchased an automated milking system. In the early 1980s, the plaintiffs...

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