UNIVERSAL AM CAN LTD V ATTORNEY GENERAL
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
UNIVERSAL AM-CAN, LTD.,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 192145
Ingham Circuit Court
LC No. 94-078925-AW
ATTORNEY GENERAL,
Defendant-Appellant,
and
MICHIGAN PUBLIC SERVICE COMMISSION,
Defendant-Appellee.
Before: Markman, P.J., and McDonald and Fitzgerald, JJ.
FITZGERALD, J. (concurring.)
I concur with the majority’s affirmance of this matter only because I am constrained to do so by
MCR 7.215(H). But for this Court’s decision in In re Federal Preemption of Provisions of the
Motor Carrier Act, 223 Mich App 288; 566 NW2d 299 (1997), I would reverse. In doing so, I
would adopt the reasoning of Judge Jansen in her dissenting opinion in In re Motor Carrier Act, supra
at 311-313, that the leasing provision of MCL 469.10a(6); MSA 22.575(1)(6) is related to safety,
fitness, and adequacy of insurance and is not preempted by § 601 of the Federal Aviation
Administration Authorization Act, 49 USC 11501(h).
/s/ E. Thomas Fitzgerald
-1
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
