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MS DEV. v. AUTO PLAZA OF WOODHAVEN

Docket No. 177764.

560 N.W.2d 62 (1996)

220 Mich. App. 540

MS DEVELOPMENT, INC., also known as Merlin Muffler Shops, Inc. Plaintiff-Appellee, v. AUTO PLAZA OF WOODHAVEN and Auto Plaza of Southgate, Defendants-Appellants, and Cruz Auto Service, Inc., Daniel Dal Pian, David Dal Pian and Efren J. Cruz, Jr., Defendants.

Court of Appeals of Michigan.

Decided December 20, 1996, at 9:15 a.m.

Released for Publication March 18, 1997.

Attorney(s) appearing for the Case

Evans & Luptak, P.L.C. by Eric A. Parzianello, Detroit, for MS Development, Inc.

Rosati Associates, P.C. by A.D. Rosati, West Bloomfield, for Auto Plaza of Woodhaven and Auto Plaza of Southgate.

Before MacKENZIE, P.J., and MARK J. CAVANAGH and T.L. LUDINGTON, JJ.

AFTER REMAND

PER CURIAM.

Defendants1 Auto Plaza of Woodhaven (Woodhaven) and Auto Plaza of Southgate (Southgate) appeal as of right the order granting, pursuant to MCR 2.116(C)(7), summary disposition for MS Development, Inc. (hereafter plaintiff), of defendants' counterclaim. We affirm, but only because we are compelled to do so by the law of the case doctrine.

In 1987, Dan Dal Pian owned two-thirds of the stock in Woodhaven...

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