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BURDEN v. ELIAS BROS. BIG BOY RESTAURANTS

Docket No. 204788.

613 N.W.2d 378 (2000)

240 Mich. App. 723

Jacqueline Kay BURDEN, and Adrianne Denise Roby, Plaintiffs-Appellants, v. ELIAS BROTHERS BIG BOY RESTAURANTS, Defendant-Appellee, and Darryll Smith, Defendant.

Court of Appeals of Michigan.

Decided May 5, 2000, at 9:00 a.m.

Released for Publication July 11, 2000.

Attorney(s) appearing for the Case

William L. Glenn, Detroit, for the plaintiffs.

DeWitt, Balke & Vincent, P.L.C. (by William B. Balke and Cathleen C. Jansen), Detroit, for Elias Brothers Big Boy Restaurants.

Before: NEFF, P.J., and MURPHY and J.B. SULLIVAN, JJ.

PER CURIAM.

Plaintiffs1 appeal as of right from the summary dismissal of their slander action pursuant to MCR 2.116(C)(10)2. We reverse and remand.

The following facts are not in dispute. Plaintiffs, uniformed People Mover Transit police officers, entered Elias Brothers Big Boy Restaurants' (hereafter defendant) restaurant intending to dine. While being escorted...

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