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HUBSCHER & SON, INC. v. STOREY

Docket No. 200449.

578 N.W.2d 701 (1998)

228 Mich. App. 478

HUBSCHER & SON, INC., Plaintiff/Counterdefendant-Appellee, v. Wayne H. STOREY and Janet L. Storey, Defendants/Counterplaintiffs-Appellants.

Court of Appeals of Michigan.

Decided March 6, 1998, at 9:10 a.m.

Released for Publication June 8, 1998.

Attorney(s) appearing for the Case

Reynolds H. Campbell, Mt. Pleasant, for Plaintiff/Counterdefendant-Appellee.

Moore & Simon, P.C. by Dennis L. Moore, Edmore, for Defendants/Counterplaintiffs-Appellants.

Before McDONALD, P.J., and SAWYER and HOEKSTRA, JJ.

PER CURIAM.

Defendants appeal as of right from an order denying defendants' motion for summary disposition and granting plaintiff's motion for summary disposition. We affirm in part, reverse in part, and remand.1

In 1960, defendants' and plaintiff's predecessors in interest entered into a sand and gravel contract granting plaintiff's predecessor the exclusive right to extract sand and gravel from deposits on defendants' predecessors...

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