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ENERGY RESERVES, INC. v. CONSUMERS POWER CO.

Docket Nos. 188362, 188769.

561 N.W.2d 854 (1997)

221 Mich. App. 210

ENERGY RESERVES, INC., Plaintiff-Appellant, v. CONSUMERS POWER COMPANY, Defendant-Appellee. NORTH MICHIGAN LAND & OIL CORPORATION, Neilson Enterprises Corporation, Neilson Enterprises Limited Partnership, North Michigan Gas & Oil, David E. Neilson, Dale M. Neilson, Gerald J. Talbot, CMK Enterprises, Inc., Idonea T. Hersee Trust, Idonea Hersee, Hersee Corporation, Dennis Olson and Sandra Olson, Plaintiffs-Appellants, v. CONSUMERS POWER COMPANY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided January 24, 1997, at 9:00 a.m.

Released for Publication April 9, 1997.

Attorney(s) appearing for the Case

Jerome Colligan, Traverse City, for Energy Reserves, Inc.

Byron P. Gallagher, Mt. Pleasant, for Idonea Hersee and others.

J. Andrew Domagalski and Jeffrey D. Van Leuwen, Richland, for North Michigan Land & Oil Corporation and others.

Michael G. Wilson, Jackson, for Consumers Power Company.

Before HOOD, P.J., and NEFF and M.A. CHRZANOWSKI, JJ.

PER CURIAM.

In these consolidated appeals, plaintiffs brought separate actions against defendant for claims arising from a gas purchase contract (letter agreement) between the parties. Plaintiffs claimed that defendant breached the duty to pay the price as set forth in the contract and breached the duty of good faith and fair dealing imposed by the Uniform Commercial Code (UCC...

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