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NEIBARGER v. UNIVERSAL COOPERATIVES

Docket Nos. 88206, 89140, (Calendar Nos. 5-6).

439 Mich. 512 (1992)

486 N.W.2d 612

NEIBARGER v. UNIVERSAL COOPERATIVES, INC HOUGHTON v. ALFA-LAVAL, INC

Supreme Court of Michigan.

Decided May 20, 1992.

Attorney(s) appearing for the Case

Reber, Greer, Schuiteman, Stariha & Greer, P.C. (by Paul L. Greer), for the plaintiffs.

Foster, Swift, Collins & Smith, P.C. (by David H. Aldrich and Michael S. Wellman), for defendant Universal Cooperatives, Inc.

Mika, Meyers, Beckett & Jones (by Douglas A. Donnell) for defendant Brinker.

Cholette, Perkins & Buchanan (by Robert J. Riley) for defendant Alfa-Laval, Inc.

Petersmarck, Callahan, Bauer & Maxwell, P.C. (by Richard W. West) for defendant Howard's Dairy System, Inc.

Amicus Curiae:

Simpson Moran (by Philip J. Goodman and Steven G. Silverman) for Wayne County.

GRIFFIN, J.

We granted leave to consider the applicability in these consolidated cases of the "economic loss doctrine," which bars tort recovery and limits remedies to those available under the Uniform Commercial Code1 where a claim for damages arises out of the commercial sale of goods and losses incurred are purely economic. If plaintiffs in these cases are limited by the doctrine to a warranty action governed by the UCC and its four...

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