Order Michigan Supreme Court
Lansing, Michigan
May 7, 2009 Marilyn Kelly,
Chief Justice
137552 & (40)(41) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
DEPARTMENT OF AGRICULTURE and Diane M. Hathaway,
MICHIGAN APPLE COMMITTEE, Justices
Plaintiffs-Appellants,
v SC: 137552
COA: 277743
Kent CC: 05-011315-CZ
APPLETREE MARKETING, L.L.C. and
STEVEN KROPF,
Defendants-Appellees.
_________________________________________/
On order of the Court, the motions for leave to file briefs amicus curiae are
GRANTED. The application for leave to appeal the September 16, 2008 judgment of the
Court of Appeals is considered and, it is GRANTED. The parties shall include among
the issues to be briefed: (1) whether the plaintiffs may simultaneously pursue claims
against Appletree Marketing, LLC for alleged violations of the Agricultural Commodities
Marketing Act, MCL 290.651 et seq., and for common law fraud and statutory
conversion under MCL 600.2919a; and (2) whether, under the circumstances of this case,
the plaintiffs may pursue claims for common law and statutory conversion against
Appletree’s principal, Steven Kropf.
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.
May 7, 2009 _________________________________________
s0430 Clerk