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MSSC, INC. v. AIRBOSS FLEXIBLE PRODUCTS

Docket No. 163523. Calendar No. 2.

999 N.W.2d 335 (2023)

511 Mich. 176

MSSC, INC., Plaintiff/Counterdefendant-Appellee, v. AIRBOSS FLEXIBLE PRODUCTS CO., Defendant/Counterplaintiff-Appellant.

Supreme Court of Michigan.

Decided July 11, 2023.

Opinion as amended by order entered September 22, 2023.

Attorney(s) appearing for the Case

McDonald Hopkins PLC, Bloomfield Hills, (by Michael G. Latiff , John E. Benko , and Mark W. Steiner ) for MSSC, Inc.

Warner Norcross + Judd LLP (by Michael G. Brady , Adam T. Ratliff , Detroit, Gaëtan Gerville-Réache , Grand Rapids, and Ashley L. Yuill , Grand Rapids) for Airboss Flexible Products Co.

Brooks Wilkins Sharkey & Turco PLLC (by Jason D. Killips , Southfield) for Aisin World Corp. of America, Inc. et al., amici curiae.

BEFORE THE ENTIRE BENCH (except Bolden, J.)

OPINION

This case involves a dispute between automotive suppliers. MSSC, Inc., sued Airboss Flexible Products Co. because Airboss refused to continue providing parts at a price set forth in a blanket purchase order. The resolution of this dispute depends on the type of contract the parties created. The trial court granted MSSC...

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