BANKERS TRUST CO V ALAN M KIRILUK
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STATE OF MICHIGAN
COURT OF APPEALS
KIRCO REALTY & DEVELOPMENT, LIMITED
and ALAN M. KIRILUK,
UNPUBLISHED
Plaintiff-Appellants,
v
BANKERS TRUST COMPANY and FIRST OF
AMERICA, S.E.,
No. 156384
Oakland County
LC No. 91 407347 CK
Defendant-Appellees.
BANKERS TRUST COMPANY,
Plaintiff-Appellee,
v
No. 180031
Oakland County
LC No. 91 412669 CK
ALAN M. KIRILUK,
Defendant-Appellant.
Before: Reilly, P.J., and White, and P.D. Schaefer,* JJ.
WHITE, J. (concurring in part and dissenting in part).
I concur as to Docket No. 156384.
As to Docket No. 180031, I conclude that the bank officer’s deposition testimony is sufficient
to create a genuine issue of material fact as to the question whether Kiriluk is entitled to reformation of
section 6(e) of the guaranty.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Helene N. White
-2
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