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127 Mich. App. 45

338 N.W.2d 547

Taulbee v. Mosley

Michigan Court of Appeals

Decided July 7, 1983

Michigan Court of Appeals · decided 1983-07-07

Applies MI 600 § 600.5852

Decided 1983-07-07

Mackenzie, J.

¶1(dissenting). 1 respectfully dissent. The majority relies on Epps v Transit Casualty Co, 120 Mich App 279; 327 NW2d 321 (1982), to hold that the statute of limitations was tolled here by MCL 600.5852; MSA 27A.5852. This issue was not raised by the parties and I decline to rely on Eppswithout benefit of briefs or argument.

¶2I would affirm.

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