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FARM BUREAU MUT. INS. CO. v. PORTER & HECKMAN, INC.

Docket Nos. 171425, 171426.

560 N.W.2d 367 (1996)

220 Mich. App. 627

FARM BUREAU MUTUAL INSURANCE COMPANY OF MICHIGAN, Subrogee of David and Peggy Carrico, Plaintiff-Appellant, v. PORTER & HECKMAN, INC., Defendant/Third-Party Plaintiff/Appellee, v. David and Peggy CARRICO, Third-Party Defendants/Appellants. Robert A. SMITHSON and Arlene V. Smithson, Husband and Wife, Plaintiffs, v. David CARRICO and Peggy Carrico, Husband and Wife, and Porter & Heckman, Inc., a Michigan Corporation, Defendants. PORTER & HECKMAN, INC., Defendant/Cross-Plaintiffs/Cross-Defendant/Appellee. v. David CARRICO and Peggy Carrico, Cross-Defendants/Cross-Plaintiffs/Appellants.

Court of Appeals of Michigan.

Decided December 27, 1996, at 9:15 a.m.

Released for Publication March 18, 1997.

Attorney(s) appearing for the Case

Gault, Davison, Bowers, Hill, Parker & McAra by Frederick L. Schmoll, III, Flint, for Farm Bureau Mutual Insurance Company of Michigan and David and Peggy Carrico.

Collison & Collison, P.C. by Jeffrey C. Collison and Lori A. Ittner, Saginaw, for Porter & Heckman, Inc.

Before GRIBBS, P.J., and MARILYN KELLY and WHITE, JJ.

WHITE, Judge.

This is a suit under Michigan's Environmental Response Act (MERA) (Act 307), M.C.L. § 299.601 et seq.; M.S.A. § 13.32(1) et seq.,1 which arose after fuel oil stored in an above-ground tank connected to a residential furnace leaked, resulting in groundwater and soil contamination. The issue is whether defendant Porter & Heckman, Inc., a plumbing and heating...

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