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PEOPLE v. WHIPPLE

Docket No. 155561.

202 Mich. App. 428 (1993)

509 N.W.2d 837

PEOPLE v. WHIPPLE

Michigan Court of Appeals.

Decided November 15, 1993, at 9:20 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, James J. Gregart, Prosecuting Attorney, and Michael H. Dzialowski, Assistant Prosecuting Attorney, for the people.

James D. Hills, for the defendant.

Before: SAWYER, P.J., and GRIFFIN and R.M. PAJTAS, JJ.

GRIFFIN, J.

The people appeal by leave granted an order of the Kalamazoo Circuit Court affirming an order of the 8th District Court dismissing a charge against defendant of fraudulent retention or use of building contract funds, MCL 570.152; MSA 26.332. We reverse and reinstate the charge. In doing so, we hold that a reasonable inference of appropriation arises from the payment of construction funds to a contractor and the subsequent failure of the contractor to pay...

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