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SIMPSON v. BORBOLLA CONSTRUCTION & CONCRETE SUPPLY, INC.

Docket No. 133274. COA No. 264106.

741 N.W.2d 519 (2007)

Dennis G. SIMPSON, Plaintiff-Appellee, v. BORBOLLA CONSTRUCTION & CONCRETE SUPPLY, INC. and Cincinnati Insurance Company, Defendants-Appellants, and Fluor Constructors International, Inc. and Travelers Casualty & Surety Company, Defendants-Appellees, and Silicosis Dust Disease & Logging Industry Compensation Fund, Defendants.

Supreme Court of Michigan.

December 7, 2007.

On November 8, 2007, the Court heard oral argument on the application for leave to appeal the January 25, 2007 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(G)(1). In lieu of granting leave to appeal, we VACATE the opinion of the Court of Appeals because the panel erroneously held that Rakestraw v. Gen. Dynamics Land Sys., Inc., 469 Mich. 220, 666 N.W.2d 199 (2003), does not...

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