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DETROIT EDISON CO. v. CELADON TRUCKING CO.

Docket Nos. 220391, 224055.

638 N.W.2d 169 (2001)

248 Mich. App. 118

DETROIT EDISON COMPANY, Plaintiff-Appellant, v. CELADON TRUCKING COMPANY, Defendant-Appellee. TNT Canada, Inc. and Dedicated Systems, Ltd., Plaintiffs-Appellees, v. Detroit Edison Company, Defendant-Appellant, and Comcast Cablevision Company and Ameritech, Defendants.

Court of Appeals of Michigan.

Decided November 2, 2001, at 9:10 a.m.

Released for Publication January 10, 2002.

Attorney(s) appearing for the Case

Plunkett & Cooney, P.C. (by Ernest R. Bazzana), Detroit, for Detroit Edison Company.

Bailey & Rossi, P.C. (by John D. Mulvihill), Bloomfield Hills, for Celadon Trucking Company.

Anselmi & Mierzejewski, P.C. (by Joseph S. Mierzejewski), Bloomfield Hills, for TNT Canada, Inc., and Dedicated Systems, Ltd.

Before BANDSTRA, C.J., and WHITBECK and OWENS, JJ.

BANDSTRA, C.J.

These two consolidated appeals involve identical factual situations, which are not in dispute. Electrical transmission equipment owned by Detroit Edison Company was affixed to or suspended from utility poles owned by Detroit Edison. The poles also carried wires owned by Comcast Cablevision Company and Ameritech. Trucks owned and operated by Celadon Trucking Company and TNT Canada, Inc.,1...

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