MICHAEL M JADALI DO V MICHIGAN NEUROLOGY ASSOCIATES PC (Concurring Opinion)

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STATE OF MICHIGAN COURT OF APPEALS MICHAEL M. JADALI, D.O., UNPUBLISHED December 29, 2011 Plaintiff-Appellee, v MICHIGAN NEUROLOGY ASSOCIATES, P.C., and MICHIGAN NEUROLOGY ASSOCIATES PROFIT SHARING PLAN, No. 297975 Macomb Circuit Court LC No. 2007-004188-CK Defendants-Appellants. Before: SHAPIRO, P.J., and WHITBECK and GLEICHER, JJ. SHAPIRO, J. (concurring). I concur with the majority opinion except its conclusion that the defendant waived the argument that the parties' employment agreement was unambiguous. I would conclude that the defendant did preserve this argument, but that it lacks merit. /s/ Douglas B. Shapiro -1-

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