RICHARD MERLINO V MGM GRAND DETROIT LLC

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STATE OF MICHIGAN COURT OF APPEALS RICHARD MERLINO, UNPUBLISHED September 14, 2004 Plaintiff-Appellant, No. 247165 Wayne Circuit Court LC No. 01-138921-CL v MGM GRAND DETROIT, LLC, d/b/a MGM GRAND DETROIT CASINO, Defendant-Appellee. Before: Murphy, P.J., and Griffin and White, JJ. WHITE, J. (concurring). I concur but write separately to state that in my view while defendant failed to reserve to itself the right to conclusively determine whether the conduct alleged actually took place, it did reserve to itself the right to determine whether the alleged conduct constituted sexual harassment in violation of its policies. /s/ Helene N. White -1-

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