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CIPRI v. BELLINGHAM FOODS, INC.

Docket No. 174811.

213 Mich. App. 32 (1995)

539 N.W.2d 526

CIPRI v. BELLINGHAM FROZEN FOODS, INC

Michigan Court of Appeals.

Decided August 22, 1995, at 9:20 A.M.

Attorney(s) appearing for the Case

Gemrich, Moser, Bowser & Lohrmann (by Susan M. Fall), for the plaintiff.

Howard & Howard (by Gary A. Peters, Steven C. Kohl, and Carolyn M. Claerhout), for Bellingham Frozen Foods, Inc.

Before: DOCTOROFF, C.J., and NEFF and CONNOR, JJ.

DOCTOROFF, C.J.

The trial court granted defendants' motion for partial summary disposition pursuant to MCR 2.116(C)(8), dismissing plaintiff's claim under the Environmental Response Act (ERA), MCL 299.601 et seq.; MSA 13.32(1) et seq. We granted leave to appeal. We now reverse.

I

Plaintiff owns a twenty-five-acre private lake called Baker Lake. This lake is on plaintiff's property and is fed by a spring and several small streams. Defendant...

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