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HENDERSON v. BIRON

Docket No. 67102.

138 Mich. App. 503 (1984)

360 N.W.2d 230

HENDERSON v. BIRON

Michigan Court of Appeals.

Decided November 5, 1984.

Attorney(s) appearing for the Case

Otis M. Underwood, Jr., for plaintiff.

Kaufman, Payton & Kallas (by Constantine N. Kallas), for defendant.

Before: BRONSON, P.J., and R.B. BURNS and R.L. BORSOS, JJ.

R.B. BURNS, J.

Plaintiff commenced a garnishment action against Stonewall Insurance Company (Stonewall) on April 2, 1980, seeking to recover insurance proceeds to satisfy a default judgment entered against Back Seat Saloon Country Cousin, Inc. The circuit judge ruled as follows:

"This court finds that the garnishee defendant has been materially prejudiced by the delay of the 2-1/2 years following the incident...

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