Order Michigan Supreme Court Lansing, Michigan

May 2, 2012 Robert P. Young, Jr., Chief Justice

143760 & (72) Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly SANDRA K. AVERY, Individually and as Brian K. Zahra, Personal Representative of the Estate of Justices ROBERT B. AVERY, Deceased, Plaintiff-Appellee, v SC: 143760 COA: 296582 Genesee CC: 08-088101-NI GRAND TRUNK WESTERN RAILROAD INCORPORATED, Defendant-Appellant.

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On order of the Court, the motion for leave to file brief amicus curiae is GRANTED. The application for leave to appeal the June 21, 2011 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court prior to the completion of the proceedings ordered by the Court of Appeals.

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. May 2, 2012 _________________________________________ p0425 Clerk