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FARM BUREAU MUTUAL v. COMBUSTION RESEARCH CORP.

Docket Nos. 234189, 235932.

662 N.W.2d 439 (2003)

255 Mich. App. 715

FARM BUREAU MUTUAL, Plaintiff-Appellant, and Midwest Diesel, Inc., Plaintiff, v. COMBUSTION RESEARCH CORPORATION, Defendant-Appellee, and Dee Cramer, Inc., Defendant. Midwest Diesel, Inc., Plaintiff-Appellant, and S & S Diesel, Inc., Plaintiff, v. Combustion Research Corporation, Defendant-Appellee, and Dee Cramer, Inc., Defendant.

Court of Appeals of Michigan.

Decided March 18, 2003, at 9:10 a.m.

Released for Publication May 15, 2003.

Attorney(s) appearing for the Case

Patrick, Johnson & Mott, P.C. (by John C. Patrick, Jr., and Catherine L. Coash), Southfield, for Farm Bureau Mutual Insurance Company.

Gary M. Collins, Fenton, for Midwest Diesel, Inc.

Mulcahy, Casey & Mulcahy, P.C. (by Brian J. Casey), Southfield, for the defendant.

Before: COOPER, P.J., and MURPHY and KIRSTEN FRANK KELLY, JJ.

PER CURIAM.

In these consolidated appeals, plaintiffs appeal by right from the circuit court's judgments granting defendant Combustion Research Corporation summary disposition pursuant to MCR 2.116(C)(7).1 We reverse and remand.

These actions arise out of a fire at a business owned and operated by plaintiff Midwest Diesel, Inc. (Midwest). Plaintiffs alleged that the fire was started when a heater, manufactured by defendant, ignited...

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