Order Michigan Supreme Court
Lansing, Michigan
July 2, 2008 Clifford W. Taylor,
Chief Justice
135861 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
ERNIE MORGAN and KATHY MORGAN, Maura D. Corrigan
Plaintiffs-Appellees, Robert P. Young, Jr.
Stephen J. Markman,
Justices
v SC: 135861
COA: 272837
Allegan CC: 03-034763-NO
MENASHA CORPORATION,
Defendant-Third-Party
Plaintiff-Appellant,
v
FAIRHAVEN WOOD HARVESTING, INC.,
Third-Party Defendant-Third-
Party Plaintiff-Appellee,
v
D & K CHIPS and GWEN KNIGHT a/k/a
GWEN DIGBY,
Third-Party Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the November 15, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we VACATE that part of the November 15, 2007
judgment remanding this case to the Allegan Circuit Court “for entry of judgment in
favor of [the third-party defendant] Fairhaven [Wood Harvesting, Inc.].” We do not
disturb the Court of Appeals ruling concerning third-party plaintiff Menasha
Corporation’s argument under Article 9 of the Chip Purchase Agreement. But the third-
party complaint further alleged that the third-party defendant breached its obligation
under Article 10 of the Chip Purchase Agreement to procure and maintain insurance
coverage. Because the circuit court has not yet resolved this aspect of the third-party
complaint, we REMAND this case to the circuit court for further proceedings not
inconsistent with this order. In all other respects, leave to appeal is DENIED, because we
are not persuaded that the remaining questions presented should be reviewed by this
Court.
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.
July 2, 2008 _________________________________________
s0625 Clerk