Order Michigan Supreme Court Lansing, Michigan March 8, 2011 Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Marilyn Kelly 141339(67) Stephen J. Markman Diane M. Hathaway Mary Beth Kelly GERALD EDWARDS, Brian K. Zahra, Plaintiff-Appellee, Justices

v SC: 141339 COA: 280023 Washtenaw CC: 06-000782-AV CAPE TO CAIRO, L.L.C., Defendant-Appellant.

_________________________________________/ On order of the Court, the motion for reconsideration of this Court’s October 29, 2010 order is considered, and it is DENIED, because it does not appear that the order was entered erroneously.

YOUNG, C.J., would grant the motion for reconsideration.

MARKMAN, J., would grant the motion for reconsideration and, on reconsideration, would reverse the judgment of the Court of Appeals for the reasons set forth in his dissenting statement in this case, 488 Mich 921 (2010).

ZAHRA, J., did not participate because he was on the Court of Appeals panel.

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.

March 8, 2011 _________________________________________ d0228 Clerk