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ECHELON HOMES, L.L.C. v. CARTER LUMBER CO.

Docket Nos. 125994, 125995.

694 N.W.2d 544 (2005)

472 Mich. 192

ECHELON HOMES, L.L.C., Plaintiff/Counter-Defendant-Appellee, v. CARTER LUMBER COMPANY, Defendant/Counter-Plaintiff-Appellant.

Supreme Court of Michigan.

April 12, 2005.

Attorney(s) appearing for the Case

Kickham Hanley P.C. (by Timothy O. McMahon), Royal Oak, MI, for the plaintiff.

Russell & Stoychoff, P.C. (by Paul M. Stoychoff), Troy, MI, for the defendant.

Warner Norcross & Judd L.L.P. (by Jeffrey O. Birkhold and Matthew T. Nelson), Grand Rapids, MI, for amicus curiae Michigan Bankers Association.

WEAVER, J.

MCL 600.2919a provides that a person who buys, receives, or aids in concealing stolen, embezzled, or converted property can be held liable for treble damages if he knew that the property was stolen, embezzled, or converted. The sole issue before this Court is whether constructive knowledge that property is stolen, embezzled, or converted is sufficient to impose liability under MCL 600.2919a. We hold that under...

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