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  5. 743 N.W.2d 741 (2008)
 

BEAVERS v. BARTON MALOW CO.

Docket Nos. 133294, 269007.

743 N.W.2d 741 (2008)

Rick BEAVERS, Plaintiff-Appellant, v. BARTON MALOW COMPANY, Jomar Building Company, Inc., Spillis Cardella, DMJM, a/k/a DMJA, Inc., and Robert Smith, Defendants-Appellees.

Supreme Court of Michigan.

February 1, 2008.

On December 5, 2007, the Court heard oral argument on the application for leave to appeal the January 18, 2007 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(G)(1). In lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, and we REMAND this case to that court for it to exercise its discretion as to whether to hear the appeal. The Court of Appeals erred in dismissing the appeal on the basis...

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