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ARCO INDUSTRIES CORPORATION, ROBERT P. FERGUSON and FREDERICK C. MATTHAEI, JR., Plaintiffs-Appellees, v. AMERICAN MOTORISTS INSURANCE COMPANY, Defendant-Appellant, and HOME INDEMNITY COMPANY, et al., Defendants.

COA: 210651, Michigan, Kalamazoo CC: 87-000218-CK.

This cause having been briefed and orally argued, the judgment of the Court of Appeals is AFFIRMED BY EQUAL DIVISION of the Supreme Court. Leave granted 461 Mich. 896. Reported below: (On Second Remand, On Rehearing) 233 Mich. App. 143.

Weaver, C.J. and Cavanagh and Kelly, JJ., we would affirm the Court of Appeals.

Taylor, Young and Markman, JJ., We would reverse.

Corrigan, J., not participating.

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ARCO INDUSTRIES CORP. v. AMERICAN MOTORISTS INS
(Jun 22, 2000)