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TALLMAN v. MILTON

Docket No. 133730.

192 Mich. App. 606 (1992)

482 N.W.2d 187

TALLMAN v. MILTON

Michigan Court of Appeals.

Decided January 21, 1992, at 10:15 A.M.

Attorney(s) appearing for the Case

Lawrence S. Katz, for the plaintiffs.

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Judy A. Hartsfield, Assistant Attorney General, for the Department of Social Services.

Amicus Curiae:

Victor, Robbins & Bassett (by Richard S. Victor), for the State Bar of Michigan Family Law Section.

Before: SHEPHERD, P.J., and HOLBROOK, JR., and CONNOR, JJ.

SHEPHERD, P.J.

Plaintiffs, William and Dorothy Tallman, appeal as of right from the Macomb Circuit Court's September 28, 1990, opinion and order dismissing their complaint for custody of Jeanette Brandon. The Tallmans were Jeanette's foster parents. They commenced this action pursuant to the Child Custody Act, MCL 722.21 et seq.; MSA 25.312(1) et seq. The trial court dismissed this matter on the alternative grounds of MCR 2.116(C)(6) ("[a]nother action...

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