SAMUEL FODALE V WASTE MANAGEMENT OF MICH INC

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STATE OF MICHIGAN COURT OF APPEALS SAMUEL FODALE, FOR PUBLICATION May 2, 2006 9:05 a.m. Plaintiff-Appellant, v WASTE MANAGEMENT OF MICHIGAN, INC., No. 253446 Oakland Circuit Court LC No. 2002-040945-CK Defendant-Appellee. Official Reported Version Before: Saad, P.J., and Zahra and Schuette, JJ. SAAD, P.J. (concurring). I concur with the majority's conclusion that plaintiff waived his rights under the Uniform Commercial Code, MCL 440.9601 et seq., by acquiescing in defendant's purchase of the collateral to satisfy the underlying debt obligation. However, I would simply uphold the trial court's decision on this narrow basis and, thus, refrain from addressing the other issues in the majority opinion. /s/ Henry William Saad -1-

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