Order Michigan Supreme Court Lansing, Michigan

December 28, 2011 Robert P. Young, Jr., Chief Justice

143750-1 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly DETROIT DIESEL CORPORATION, Brian K. Zahra, Petitioner-Appellee, Justices

v SC: 143750-1 COA: 297376-7 MTT: XX-XXXXXXX, XX-XXXXXXX DEPARTMENT OF TREASURY, Respondent-Appellant.

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On order of the Court, the application for leave to appeal the June 14, 2011 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

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. December 28, 2011 _________________________________________ t1219 Clerk