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MESSENGER v. CON. & IND. SER. DEPT.

Docket No. 204696.

606 N.W.2d 38 (1999)

238 Mich. App. 524

Gregory G. MESSENGER, M.D., Plaintiff-Appellant, v. DEPARTMENT OF CONSUMER & INDUSTRY SERVICES, Bureau of Occupational and Professional Regulation, Defendant-Appellee.

Court of Appeals of Michigan.

Decided November 16, 1999, at 9:05 a.m.

Released for Publication February 23, 2000.

Attorney(s) appearing for the Case

Brookover & Fleischmann, P.C. (by George Brookover and Diane S. Carr), East Lansing, for the plaintiff.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Thomas Quasarano, Assistant Attorney General, for the defendant.

Before: WILDER, P.J., and MARK J. CAVANAGH and ZAHRA, JJ.

WILDER, P.J.

Plaintiff, Gregory G. Messenger, M.D., appeals as of right from a trial court order granting defendant's motion for summary disposition pursuant to MCR 2.116(C)(10) and denying plaintiff's motion for summary disposition under MCR 2.116(C)(9) and (10). We reverse and remand.

I. Factual Background

In 1994, plaintiff's wife gave birth to a premature boy and, contrary to the directions of plaintiff...

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