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IN RE CERTIFIED QUESTION FROM U.S. CT. OF APP.

Docket No. 120110, Calendar No. 9.

659 N.W.2d 597 (2003)

In re CERTIFIED QUESTION FROM THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. Kenneth Henes Special Projects Procurement, Marketing and Consulting Corporation, Plaintiff, v. Continental Biomass Industries, Inc., Defendant.

Supreme Court of Michigan.

Decided April 23, 2003.

Attorney(s) appearing for the Case

Randall J. Gillary, P.C. (by Randall J. Gillary and Kevin P. Albus) Troy, MI, for the plaintiff.

Collins, Einhorn, Farrell & Ulanoff, P.C. (by J. Mark Cooney) Southfield, MI, for the defendant.

YOUNG, J.

Plaintiff filed suit against Continental Biomass Industries, Inc., to recover unpaid sales commissions and penalty damages pursuant to the Michigan sales representative commission act (SRCA), M.C.L. § 600.2961. Pursuant to MCR 7.305(B),1 the United States Court of Appeals for the Sixth Circuit has certified the following question to this Court:

What standard is appropriate in evaluating the mental state required...

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