Myers v. MUFFLER MAN SUPPLY COMPANY

Order                                                                                       Michigan Supreme Court
                                                                                                  Lansing, Michigan

  December 30, 2009                                                                                             Marilyn Kelly,
                                                                                                                   Chief Justice

  137608                                                                                              Michael F. Cavanagh
                                                                                                      Elizabeth A. Weaver
                                                                                                       Maura D. Corrigan
                                                                                                      Robert P. Young, Jr.
  RONNIE L. MYERS and MARY MYERS,                                                                     Stephen J. Markman
            Plaintiffs-Appellants,                                                                    Diane M. Hathaway,
                                                                                                                        Justices
  v                                                                SC: 137608
                                                                   COA: 277542
                                                                   Genesee CC: 04-079144-NP
  MUFFLER MAN SUPPLY COMPANY,
           Defendant,
           Cross-Plaintiff-Appellee,
  and

  NEVADA EQUIPMENT LIQUIDATING, f/k/a
  NEVADA EQUIPMENT, INC., MICHIGAN
  TRACTOR MACHINERY COMPANY, d/b/a
  MICHIGAN CAT AGGREGATE DIVISION,
  CULVER CONSTRUCTION, INC., f/k/a
  CULVER CONSULTING, INC.,
           Defendants,
  and

  POWER SCREEN USA, L.L.C., d/b/a
  SIMPLICITY ENGINEERING, INC., D & L
  EQUIPMENT, INC., and SUBLET
  CONTRACTORS, INC.,
             Defendants, Cross-Defendants.
  _________________________________________/

        On December 9, 2009, the Court heard oral argument on the application for leave
  to appeal the September 23, 2008 judgment of the Court of Appeals. On order of the
  Court, the application is again considered, and it is DENIED, because we are not
  persuaded that the question presented should be reviewed by this Court.

        KELLY, C.J., and CAVANAGH and HATHAWAY, JJ., would grant leave to appeal.




                          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.
                          December 30, 2009                   _________________________________________
           1217                                                               Clerk