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SMDA v. AMERICAN INS. CO.

Docket No. 217506.

625 N.W.2d 40 (2000)

243 Mich. App. 647

SOUTH MACOMB DISPOSAL AUTHORITY, Plaintiff-Appellee/Cross-Appellee, v. AMERICAN INSURANCE COMPANY and National Surety Corporation, Defendants-Appellants, and Citizens Insurance Company of America, Defendant-Cross-Appellant, and Westchester Fire Insurance Company, Defendant.

Court of Appeals of Michigan.

Decided December 15, 2000, at 9:20 a.m.

Released for Publication February 14, 2001.

Attorney(s) appearing for the Case

Dykema Gossett PLLC (by Roger K. Timm, John A. Ferroli, and Dante A. Stella), Detroit, for South Macomb Disposal Authority.

Nemier, Tolari, Landry, Mazzeo & Johnson, P.C. (by Michelle E. Mathieu), Farmington Hills, and Rivkin Radler & Kremer (by Gary D. Centola and Joanne M. Engeldrum), Uniondale, NY, for American Insurance Company and National Surety Corporation.

Crozier & Blais (by Linda L. Blais), Spring Lake, for Citizens Insurance Company of America.

Before ZAHRA, P.J., and HOOD and McDONALD, JJ.

PER CURIAM.

Defendants American Insurance Company and National Surety Corporation (collectively referred to as FFIC) appeal by leave granted the trial court's order granting plaintiff's motion for relief from judgment based on newly discovered evidence. Defendant Citizens Insurance Company of America cross appealed, challenging the same order.1 We reverse.

Plaintiff operates landfills...

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