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LaROSE MARKET, INC. v. SYLVAN CENTER, INC.

Docket No. 155517.

209 Mich. App. 201 (1995)

530 N.W.2d 505

LaROSE MARKET, INC v. SYLVAN CENTER, INC

Michigan Court of Appeals.

Decided March 6, 1995, at 9:35 A.M.

Attorney(s) appearing for the Case

Hertz, Scham & Saretsky, P.C. (by Robert S. Hertzberg), for the plaintiff.

Dean & Fulkerson, P.C. (by George J. Fulkerson), for the defendant.

Before: HOLBROOK, JR., P.J., and McDONALD and R.L. EVANS, JJ.

HOLBROOK, JR., P.J.

Plaintiff appeals as of right from an order of the Oakland Circuit Court, which granted summary disposition to defendant pursuant to MCR 2.116(C)(8), for failure to state a claim upon which relief could be granted. Defendant cross appeals from the trial court's denial of its motion for costs and attorney fees, which were sought on the basis that plaintiff's action was frivolous. We affirm.

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