Michigan Court of Appeals September 10, 1980, Docket 47750 (Furness v. Public Service Commission)

Per Curiam.

This matter is before us upon an appeal taken as of right from a summary judgment of dismissal pursuant to GCR 1963, 117.2(1)

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by the Court of Claims, Hon. Ray C. Hotchkiss, J., on October 1,1979. We affirm.

The case arose out of a car-train collision on June 2, 1978, in which the plaintiff’s decedent, Kevin Furness, suffered fatal injuries.