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FRY v. CARMAN DRAIN NO

Docket No. 122931, COA No. 233744.

662 N.W.2d 744 (2003)

Kenneth E. FRY, Plaintiff-Appellant, v. CARMAN DRAIN NO. 323, and Eaton County Drain Commissioner, Defendants-Appellees.

Supreme Court of Michigan.

June 19, 2003.

On order of the Court, the delayed application for leave to appeal the November 15, 2002 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

WEAVER, J., would grant leave to appeal.

MARKMAN, J., dissents and states as follows:

I respectfully dissent. Rather than deny leave to appeal, I would reverse the judgment of the Court of Appeals for the reasons...

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