PITSCH v. ESE MICHIGAN, INC.

Docket Nos. 203021-203023.

593 N.W.2d 565 (1999)

233 Mich. App. 578

Gary PITSCH, Plaintiff-Appellant, v. ESE MICHIGAN, INC., Defendant-Appellee, and J & S Group, Inc., John Springberg and Pat Johnson, Defendants/Third-Party Plaintiffs, and Dunbar Excavating Company, Inc., Defendant, and R.W. Meyer, Inc., Meyer Construction Company, Robert W. Meyer, Jr., Leo Dunbar and David J. Dunbar, Third-Party Defendants, and John R. Meyer, Thomas B. Meyer and Jane T. Meyer, Third-Party Defendants/Fourth-Party Plaintiffs, and Three-M, a Michigan partnership, Fourth-Party Plaintiff, and Beatrice Foods Company and Conagra, Inc., Fourth-Party Defendants. Gary Pitsch, Plaintiff-Appellant, v. J & S Group, Inc. and John Springberg, Defendant/Third-Party Plaintiffs-Appellees. and Dunbar Excavating Company, Inc. and ESE Michigan, Inc., Defendants, and Pat Johnson, Defendant/Third-Party Plaintiff, and R.W. Meyer, Inc., Meyer Construction Company, Robert W. Meyer, Jr., Leo Dunbar and David J. Dunbar, Third-Party Defendants, and John R. Meyer, Thomas B. Meyer and Jane T. Meyer, Third-Party Defendants/Fourth-Party Plaintiffs, and Three-M, a Michigan partnership, Fourth-Party Plaintiff, and Beatrice Foods Company and Conagra, Inc., Fourth-Party Defendants. Gary Pitsch, Plaintiff-Appellant, v. Dunbar Excavating Company, Inc., Defendant-Appellee, and ESE Michigan, Inc., Defendant, and J & S Group, Inc., John Springberg and Pat Johnson, Defendants/Third-Party Plaintiffs, and R.W. Meyer, Inc., Meyer Construction Company, Robert W. Meyer, Jr., Leo Dunbar and David J. Dunbar, Third-Party Defendants, and John R. Meyer, Thomas B. Meyer and Jane T. Meyer, Third-Party Defendants/Fourth-Party Plaintiffs, and Three-M, a Michigan partnership, Fourth-Party Plaintiff, and Beatrice Foods Company and Conagra, Inc., Fourth-Party Defendants.

Court of Appeals of Michigan.

Decided February 2, 1999, at 9:00 a.m.

Released for Publication April 21, 1999.


Attorney(s) appearing for the Case

McShane & Bowie, P.L.C. (by Terry J. Mroz), Grand Rapids, for Gary Pitsch.

Howard & Howard Attorneys (by James H. Geary), Kalamazoo, for ESE Michigan, Inc.

Dingeman, Dancer & Christopherson, P.L.C. (by James A. Christopherson), Traverse City, for J & S Group, Inc.

Haskell Shelton, Midland, for Dunbar Excavating Company, Inc.

Before: CORRIGAN, C.J., and DOCTOROFF and FITZGERALD, JJ.


CORRIGAN, C.J.

In these consolidated appeals, plaintiff Gary Pitsch appeals by right orders granting summary disposition for defendants ESE Michigan, Inc., J & S Group, Inc.,1 and Dunbar Excavating Company, Inc., on his claims for the recovery of the cost of remedying environmental contamination on his property. This case squarely presents the issue whether a private cause of action for...

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