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JOSEPH M. HENDERSON, Plaintiff-Appellant, v. HAMMER BUILDING AND RESTORATION, INC., Defendant-Appellee.

SC: 130299, COA: 255187, Saginaw CC: 03-047916-NO.

On order of the Court, the application for leave to appeal the December 1, 2005 judgment of the Court of Appeals is considered, and it is DENIED. Plaintiff has failed to allege a viable claim under the "common work area" doctrine, for the reasons stated in footnote one of the Court of Appeals decision.

CAVANAGH and KELLY, JJ., would grant leave to appeal.

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HENDERSON v. HAMMER BUILDING AND RESTORATION, INC
(Apr 26, 2006)