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ATTICA HYDRAULIC EXCHANGE v. SESLAR

Docket No. 249395.

691 N.W.2d 802 (2004)

264 Mich. App. 577

ATTICA HYDRAULIC EXCHANGE and William Wildner, Plaintiffs, and Michigan Department of Environmental Quality, Intervening Plaintiff-Appellant, and Anton, Zorn & Associates, Intervening Plaintiff-Appellee, v. Clifford SESLAR, Vitoangelo P. Stramaglia, Philip Stramaglia, PMAV Enterprises, Ltd., and Tony Anthony Complete Demolition, Inc., Defendants, and R. John Umlauf and John M. Beeding, Jr., Defendants-Appellees.

Court of Appeals of Michigan.

Decided December 9, 2004, at 9:05 a.m.

Released for Publication February 2, 2005.

Attorney(s) appearing for the Case

Law Office of Gerald P. Cavellier, P.L.L.C. (by Gerald P. Cavellier), Bloomfield Hills, for Attica Hydraulic Exchange and William Wildner.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Jonathan C. Pierce, Assistant Attorney General, for the Department of Environmental Quality.

Dykema Gossett P.L.L.C. (by Alan M. Greene and Thomas J. Murray), Bloomfield Hills, for R. John Umlauf.

Honigman Miller Schwartz and Cohn L.L.P. (by Gregory J. DeMars), Detroit, for Anton, Zorn & Associates.

Before: WHITBECK, C.J., and SAAD and TALBOT, JJ.

PER CURIAM.

I. Overview

Intervening plaintiff Michigan Department of Environmental Quality (DEQ) appeals by leave granted the June 9, 2003, order entered by Macomb Circuit Court Judge James M. Biernat allocating receivership expenses. On appeal, the DEQ asks this Court to set aside the trial court's order holding the DEQ jointly and severally liable for the expenses of a receivership instituted in this action to marshal and sell real property belonging to...

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