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CONSUMERS POWER CO. v. LANSING BD. OF W & L

Docket No. 139531.

200 Mich. App. 73 (1993)

503 N.W.2d 680

CONSUMERS POWER COMPANY v. LANSING BOARD OF WATER AND LIGHT

Michigan Court of Appeals.

Decided June 7, 1993, at 10:00 A.M.

Attorney(s) appearing for the Case

Barris, Sott, Denn & Driker (by Eugene Driker and Andrew M. Zack), for the plaintiff.

Varnum, Riddering, Schmidt & Howlett (by Peter Armstrong and John W. Pestle), for the defendant.

Amicus Curiae:

Dickinson, Wright, Moon, Van Dusen & Freeman (by Kester K. So and Michael S. Ashton), for Michigan Municipal Electric Association.

Before: MICHAEL J. KELLY, P.J., and WEAVER and D.E. SHELTON, JJ.

MICHAEL J. KELLY, P.J.

Plaintiff appeals as of right from an April 1, 1991, order granting defendant's motion for summary disposition. The trial court granted defendant's motion on the basis of its finding that MCL 124.3; MSA 5.4083 (hereinafter § 3) authorized defendant to sell electricity at retail rates to customers in Watertown Township. This matter involves the proper interpretation of § 3, which governs the propriety of defendant's sale of electricity...

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