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