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LAMORIA v. HEALTH CARE CORP.

Docket No. 199795.

593 N.W.2d 699 (1999)

233 Mich. App. 560

Barbara Ann LAMORIA, Plaintiff-Appellant, v. HEALTH CARE & RETIREMENT CORPORATION, Sun Valley Manor, Inc. and Marilyn K. Martin, Defendants-Appellees.

Court of Appeals of Michigan.

Decided January 29, 1999 at 9:10 a.m.

Released for Publication April 5, 1999.

Attorney(s) appearing for the Case

Howard & Howard Attorneys, P.C. (by Michael J. Brown ), Lansing, for the plaintiff.

Kienbaum Opperwall Hardy & Pelton, P.L.C. (by Eric J. Pelton and Noel D. Massie), Birmingham, for the defendants.

Clark Hill P.L.C. (by Duane L. Tarnacki and J. Walker Henry), Detroit, Amicus Curiae for Michigan Manufacturers Association.

Before: CORRIGAN, C.J., and MICHAEL J. KELLY, GRIBBS, McDONALD, DOCTOROFF, MARK J. CAVANAGH and MARKEY, JJ.

PER CURIAM.

This Court convened this special panel under MCR 7.215(H)(3) to resolve the conflict between the prior vacated opinion in this case, Lamoria v. Health Care & Retirement Corp., 230 Mich.App. 801, 584 N.W.2d 589 (1998), and Rymar v. Michigan Bell Telephone Co., 190 Mich.App. 504, 476 N.W.2d 451

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