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PROGRESSIVE TIMBERLANDS, INC. v. R & R HAULERS, INC.

Docket No. 217898.

622 N.W.2d 533 (2000)

243 Mich. App. 404

PROGRESSIVE TIMBERLANDS, INC., Plaintiff-Counterdefendant-Appellant, v. R & R HEAVY HAULERS, INC., and Rodney B. Burrell, Defendants-Counterplaintiffs-Appellees.

Court of Appeals of Michigan.

Decided November 28, 2000, at 9:10 a.m.

Released for Publication January 25, 2001.

Attorney(s) appearing for the Case

William L. Hoey, Grosse Pointe Park, for the plaintiff.

Donald L. Samhat, Northville, for the defendants.

Before METER, P.J., and GRIFFIN and TALBOT, JJ.

METER, P.J.

Plaintiff Progressive Timberlands, Inc., appeals as of right from an order granting summary disposition to defendants in this carrier's lien case. We reverse and remand.

In September 1998, plaintiff hired defendant R & R Heavy Haulers, Inc., (R & R) to move three pieces of equipment between two locations where plaintiff was clearing land. R & R took possession of the items but failed to deliver them as agreed. Plaintiff contended that...

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