Schwartz v. Michigan Sugar Co.

This is an appeal by plaintiff from a February 13, 1980, order of the Saginaw County Circuit Court granting summary judgment in favor of defendant. Plaintiff averred in a complaint filed on April 17, 1979, that he was wrongfully and unjustly discharged by defendant after 28 years of service, 11 of these years in the capacity of safety director.

Although not specifying in its order or opinion which subsection of the summary judgment rule it was relying on, the dismissal was apparently based on GCR 1963, 117.2(1), failure to state a claim upon which relief can be granted. Like the majority,…