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IN RE PETITION OF STATE HIGHWAY COMMISSIONER

Docket Nos. 51, 52, Calendar Nos. 48,972, 48,973.

365 Mich. 322 (1961)

112 N.W.2d 573

In re PETITION OF STATE HIGHWAY COMMISSIONER. McCULLAGH v. LEONARD REFINERIES, INC.

Supreme Court of Michigan.

Decided December 28, 1961.

Attorney(s) appearing for the Case

Joseph W. Planck, for petitioners McCullagh.

Foster, Foster, Campbell & Lindemer (John L. Collins and Edmund E. Shepherd, of counsel), for cross petitioner Leonard Refineries, Inc.

Leo A. Farhat (John Robert Dethmers, of counsel), for cross petitioner American Petroleum Company, Inc.

CARR, J.

Under date of May 3, 1938, Don C. McCullagh and Hazel E. McCullagh, appellees herein, as owners of certain land in the city of Lansing, entered into a lease of the premises to the Roosevelt Oil Company for use as a filling station. The period of such leasing was fixed at 10 years, subject to a provision, however, that it should be automatically renewed for a further period of 10 years, and likewise at the expiration of any renewal period, unless the lessee...

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