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FLEET BUSINESS CREDIT, LLC v. KRAPOHL FORD LINCOLN MERCURY CO.

Docket No. 263170.

735 N.W.2d 644 (2007)

274 Mich. App. 584

FLEET BUSINESS CREDIT, LLC, Plaintiff, v. KRAPOHL FORD LINCOLN MERCURY COMPANY, Defendant/Third-Party Plaintiff-Appellee, and Thomas Krapohl, Defendant, and Market Scan Information Services, Inc., Third-Party Defendant-Appellant.

Court of Appeals of Michigan.

Decided March 6, 2007, at 9:20 a.m.

Released for Publication June 21, 2007.

Attorney(s) appearing for the Case

Lynch, Gallagher, Lynch, Martineau & Hackett, PLLC (by Michael J. Hackett and Mary Ann J. O'Neil), Mt. Pleasant, for Krapohl Ford Lincoln Mercury Company.

Clark Hill, PLC (by James E. Brenner, Cynthia M. Filipovich, and Paul C. Smith), Detroit, for Market Scan Information Services, Inc.

Before: MARKEY, P.J., and SAAD and WILDER, JJ.

PER CURIAM.

Third-party defendant Market Scan Information Services, Inc. (Market Scan), appeals as of right the trial court's order denying its motion for costs and attorney's fees against third-party plaintiff-appellee Krapohl Ford Lincoln Mercury Company (Krapohl), in this breach of contract dispute. On appeal, Market Scan argues that (1) the trial court erred in finding the attorney fees allowed by the parties' contract to be special damages, and (2) even if the...

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