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ELENBAAS v. DEPARTMENT OF TREASURY

Docket No. 197467.

597 N.W.2d 271 (1999)

235 Mich. App. 372

Jack ELENBAAS and Eleanor Elenbaas, Plaintiffs-Appellees, v. DEPARTMENT OF TREASURY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided April 23, 1999, at 9:20 a.m.

Released for Publication July 27, 1999.

Attorney(s) appearing for the Case

Mika, Meyers, Beckett & Jones, P.L.C. (by Jeffrey A. DeVree), Grand Rapids, for the plaintiffs.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Kevin T. Smith, Assistant Attorney General, for the defendant.

Before: MARK J. CAVANAGH, P.J., and HOLBROOK, JR., GRIBBS, GRIFFIN, FITZGERALD, SAAD, and GAGE, JJ.

MARK J. CAVANAGH, P.J.

Pursuant to MCR 7.215(H)(3), this special panel was convened to resolve a conflict between this Court's prior, vacated opinion in Elenbaas v. Dep't of Treasury, 231 Mich.App. 801, 585 N.W.2d 305 (1998), and this Court's earlier decision in Cook v. Dep't of Treasury, 229 Mich.App. 653, 583 N.W...

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