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MALLOY v. DSI ACOUSTICAL CO.

Docket No. 136561. COA No. 280855.

756 N.W.2d 51 (2008)

Patrick MALLOY, Plaintiff-Appellee, Cross-Appellee, v. DSI ACOUSTICAL COMPANY and Michigan Insurance Company, Defendants-Appellees, Cross-Appellants, and Central Interiors, Inc. and Cincinnati Insurance Company, Defendants-Appellants, Cross-Appellees, and W & G, L.L.C., and American Guarantee & Liability Insurance Company; Matrix Construction Services, L.L.C., and Accident Fund Insurance Company of America, Defendants-Appellees, Cross-Appellees.

Supreme Court of Michigan.

September 19, 2008.

On order of the Court, the application for leave to appeal the April 30, 2008 order of the Court of Appeals and the application for leave to appeal as cross-appellants are considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the order of the Court of Appeals and we REMAND this case to that court for plenary consideration. In particular, we DIRECT the Court of Appeals to consider whether, contrary to the WCAC's finding, the testimony...

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