By order of November 9, 2005, the application for leave to appeal the January 25, 2005 judgment of the Court of Appeals was held in abeyance pending the decisions in Woodard v. Custer (Docket Nos. 12494-95) and Hamilton v. Kuligowski (Docket No. 126275). On order of the Court, the consolidated cases having been decided on July 31, 2006,
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