Order Michigan Supreme Court Lansing, Michigan June 16, 2009 Marilyn Kelly, Chief Justice Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan 137552 (40)(41) Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway, DEPARTMENT OF AGRICULTURE and Justices MICHIGAN APPLE COMMITTEE, Plaintiffs-Appellants, SC: 137552 v COA: 277743 Kent CC: 05-011315-CZ APPLETREE MARKETING, L.L.C. and STEVEN KROPF, Defendants-Appellees. _____________________________________

AMENDMENT TO ORDER On order of the Court, the order of May 7, 2009 is amended to correct a clerical error. The statement of the first issue to be included in the briefing is amended to read as follows: “(1) whether the plaintiffs may simultaneously pursue claims against Appletree Marketing, LLC for alleged violations of the Agricultural Commodities Marketing Act, MCL 290.651 et seq., and for common law and statutory conversion under MCL 600.2919a;”

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

June 16, 2009 _________________________________________ Clerk