UNION LAKE INC V FATIN T KASED

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STATE OF MICHIGAN COURT OF APPEALS UNION LAKE, INC., UNPUBLISHED September 10, 2002 Plaintiff-Appellee, No. 233289 Oakland Circuit Court LC No. 98-004637-CK v FATIN T. KASED, FAWZI KASED and FLR, INC., Defendants-Appellants. Before: White, P.J., and Jansen and Neff, JJ. WHITE, P.J. (dissenting). I respectfully dissent because I conclude that the counter-complaint adequately pleaded a fraud claim and that defendants presented sufficient evidence to demonstrate the existence of a genuine issue of material fact regarding whether Kouza made material misrepresentations regarding the sales volume of the store and the lottery receipts, upon which Kased relied in purchasing the store. /s/ Helene N. White -1-

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