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TRAVELERS INS. CO. v. DETROIT EDISON CO.

Docket No. 207110.

603 N.W.2d 317 (1999)

237 Mich. App. 485

TRAVELERS INSURANCE COMPANY, Plaintiff-Appellant, v. DETROIT EDISON COMPANY, Defendant-Appellee, and City of Detroit Water and Sewer Department, Stephen F. Gordon, and Kathleen Leavey, Defendants.

Court of Appeals of Michigan.

Decided September 14, 1999, at 9:10 a.m.

Released for Publication December 21, 1999.

Attorney(s) appearing for the Case

Morrison, Mahoney & Miller (by Charles R. Tuffley and Jeffrey R. Learned), Southfield, for Travelers Insurance Company.

Jack M. Abella, Detroit, for Detroit Edison Company.

Before: MARKEY, P.J., and HOLBROOK, JR., and NEFF, JJ.

PER CURIAM.

Plaintiff Travelers Insurance Company appeals by right the grant of summary disposition in favor of defendant Detroit Edison Company pursuant to MCR 2.116(C)(4) on the grounds that the Michigan Public Service Commission (MPSC) has primary jurisdiction over plaintiff's breach of contract action. We reverse and remand.

The facts are undisputed. In January 1995, defendant Detroit Edison interrupted steam service to the Heaven On Earth Inn (the Inn...

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