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QUEST DIAGNOSTICS, INC. v. MCI WORLDCOM, INC.

Docket Nos. 227384, 227394.

656 N.W.2d 858 (2002)

254 Mich. App. 372

QUEST DIAGNOSTICS, INC., Plaintiff-Appellant, v. MCI WORLDCOM, INC., MCI Worldcom Communications, Inc., MCI Worldcom Network Services, Inc., and Corby Energy Services, Inc., Defendants-Appellees. Water Main Break Litigation, Plaintiff-Appellant, and Quest Diagnostics, Plaintiff, v. MCI Worldcom, Inc., MCI Worldcom Communications, Inc., MCI Worldcom Network Services, Inc., and Corby Energy Services, Inc., Defendants-Appellees.

Court of Appeals of Michigan.

Decided December 10, 2002, at 9:00 a.m.

Released for Publication February 20, 2003.

Attorney(s) appearing for the Case

Hyman Lippitt, P.C. (by Kenneth F. Neuman and Daniel J. McCarthy), Birmingham, Mantese Miller and Mantese, PLLC (by E. Powell Miller and Gerald Mantese), Troy, and Urso, Palmer & Ross, P.C. (by Anthea E. Papista), Detroit, for Quest Diagnostics, Inc.

Jenner & Block (by Ross B. Bricker, Jeffrey A. Koppy and Sally Sears Coden), Chicago, IL, Howard & Howard, P.C. (by Robert A. Maxwell and Brian E. Etzel), Bloomfield Hills, Washington, DC, Kevin P. Gallagher, and Nicole Bynum, Washington, DC, for MCI WorldCom, Inc., MCI WorldCom Communications, Inc., and MCI WorldCom Network Services, Inc.

Garan Lucow Miller, P.C. (by Roger A. Smith and Robert D. Goldstein), Troy, for Corby Energy Services.

Before: MARKEY, P.J., and TALBOT and ZAHRA, JJ.

ZAHRA, J.

In these consolidated appeals, plaintiffs1 appeal as of right from the trial court's order granting summary disposition for defendants. We reverse and remand to the extent that these cases relate to defendant Corby Energy Services, Inc. (Corby).

Facts and Procedure

In June 1999, defendant Corby ruptured a water main while performing underground work on behalf of defendants MCI WorldCom, Inc., MCI WorldCom Communications...

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