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BASF WYANDOTTE CORP. v. TRANSPORT INS. CO.

Civ. A. No. 80-70222.

523 F.Supp. 515 (1981)

BASF WYANDOTTE CORPORATION, a Michigan Corporation, Plaintiff, v. TRANSPORT INSURANCE COMPANY, a Texas Corporation, Defendant.

United States District Court, E. D. Michigan, S. D.

October 8, 1981.

Attorney(s) appearing for the Case

Denenberg, Tuffley, Thorpe, Bocan & Patrick by John L. Hopkins, Jr., Southfield, Mich., for plaintiff.

Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen by Charles A. Huckabay, Detroit, Mich., for defendant.

OPINION

GILMORE, District Judge.

The issue in this diversity case is whether the damage to tangible property suffered by the plaintiff arose out of the use of defendant insured's motor vehicle as a motor vehicle within the meaning of M.C. L.A. § 500.3121(1). The Court concludes it did, and will grant plaintiff's motion for summary judgment.

The case is before the Court upon a stipulation of facts. The stipulated facts show that on January 23...

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