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NOVOTNEY v. BURGER KING CORP.

Docket No. 159563.

198 Mich. App. 470 (1993)

499 N.W.2d 379

NOVOTNEY v. BURGER KING CORPORATION

Michigan Court of Appeals.

Decided March 1, 1993, at 10:10 A.M.

Attorney(s) appearing for the Case

Law Offices of Samuel Bernstein (by Edmund O. Battersby), for the plaintiffs.

Siemion, Huckabay, Bodary, Padilla & Morganti, P.C. (by Barbara A. Rush), for the defendants.

Before: SAWYER, P.J., and MICHAEL J. KELLY and MURPHY, JJ.

ON REMAND

SAWYER, P.J.

This matter is before us for decision a third time, now on remand by the Supreme Court. Plaintiffs initially appealed from an order of the circuit court granting summary disposition in favor of defendants under MCR 2.116(C)(10) (no genuine issue of material fact). We affirmed in an unpublished opinion per curiam, decided October 3, 1990 (Docket No. 116731), by a two-to-one decision. Thereafter, plaintiffs moved for rehearing, and this...

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