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HEALTH CALL OF DETROIT v. ATRIUM HOME & HEALTH CARE SERVICES, INC.

Docket No. 244633.

706 N.W.2d 843 (2005)

268 Mich. App. 83

HEALTH CALL OF DETROIT, d/b/a Jadells, Inc., Plaintiff-Appellant, v. ATRIUM HOME & HEALTH CARE SERVICES, INC.; Katrina Johnson, LPN; Dwight Robinson, LPN, and Damita Borner, LPN, Defendants-Appellees.

Court of Appeals of Michigan.

Decided September 8, 2005, at 9:00 a.m.

Released for Publication November 29, 2005.

Attorney(s) appearing for the Case

Hamood & Fergestrom (by Richard E. Shaw), Dearborn, for the plaintiff.

Frank, Haron, Weiner and Navarro (by Sidney L. Frank and Michael J. Hamblin), Troy, for the defendants.

Before: WHITBECK, C.J., and SAWYER, MURPHY, NEFF, JANSEN, FITZGERALD, and MARKEY, JJ.

MURPHY, J.

Pursuant to MCR 7.215(J)(3), this special panel was convened to resolve a conflict between this Court's opinion in Environair, Inc. v. Steelcase, Inc., 190 Mich.App. 289, 475 N.W.2d 366 (1991), and the recently issued opinion in Health Call of Detroit v. Atrium Home & Health Care Services, Inc., 265 Mich.App. 79,

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