Donald T McCue v. Department of Transportation

Order Michigan Supreme Court Lansing, Michigan November 24, 2010 Marilyn Kelly, Chief Justice Michael F. Cavanagh Maura D. Corrigan 141069 Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway Alton Thomas Davis, DONALD T. McCUE, Individually and Justices as Conservator of the ESTATE OF DEBRA K. McCUE, Plaintiffs-Appellants, v SC: 141069 COA: 295235 Ct of Claims: 08-000027-MD DEPARTMENT OF TRANSPORTATION, Defendant-Appellee, and O-N MINERALS (MICHIGAN) COMPANY, Defendant. _________________________________________/ On order of the Court, the application for leave to appeal the April 2, 2010 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. KELLY, C.J., and HATHAWAY, J., would remand this case to the Court of Appeals for consideration as on leave granted. DAVIS, J., not participating. I recuse myself and am not participating because I was on the Court of Appeals panel in this case. See MCR 2.003(B). I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. November 24, 2010 _________________________________________ d1117 Clerk