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BILLIE MICHELLE ROSE, Plaintiff, and COUNTY OF CALHOUN, Appellant, v. ROBERT JOHN STOKELY, Defendant-Appellee.

ORDER ENTERED OCTOBER 29, 2002

Rose v Stokely, Docket No. 241029. The Court orders that a special panel shall be convened pursuant to MCR 7.215(I) to resolve the conflict between this case and Thompson v Merritt, 192 Mich. App. 412; 481 N.W.2d 735 (1991).

The Court further orders under MCR 7.215(I)(5) that the portion of the opinion concerning the conflict addressed in section III of the opinion released October 1, 2002, is vacated.

The appellant may file a supplemental brief within 21 days of the Clerk's certification of this order. Appellee may file a supplemental brief within 21 days of service of appellant's brief. Nine copies must be filed with the Clerk of the Court.

McDonald, J., did not participate.

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ROSE v. STOKELY
(Dec 20, 2002)