CEO TELECOMMUNICATIONS INC V MPSC

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STATE OF MICHIGAN COURT OF APPEALS CEO TELECOMMUNICATIONS, INC., f/k/a LD SERVICES, INC., UNPUBLISHED May 10, 2002 Plaintiff-Appellant, v No. 228230 MPSC LC No. 00-011994 MICHIGAN PUBLIC SERVICE COMMISSION and ATUL C. AGRAWAL, M.D., Defendant-Appellees. Before: Gage, P.J., and Hoekstra and Meter, JJ. METER, J. (concurring in part and dissenting in part). I concur in all aspects of the majority’s well-written opinion except that portion affirming the award of compensatory damages. I would vacate the award of compensatory damages. The majority correctly notes that the absence of a request for compensatory damages in the complaint does not necessarily preclude a grant of such damages. However, Dr. Agrawal specifically indicated that he was not seeking compensatory damages; he testified that he was “not interested in money” and reiterated this statement three more times on the record. Because the award of $10,000 in compensatory damages was personal to Dr. Agrawal and did not constitute fines, costs, or public restitution, I believe the award should be vacated based on Dr. Agrawal’s unequivocal eschewal of compensatory damages. I would vacate the compensatory damages award in the PSC order but affirm the remainder of the order. /s/ Patrick M. Meter -1-

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