Boyle, J. (dissenting). The rationale of the per curiam opinion seems to be that "what was, is.” I would grant leave to appeal to allow the profession to educate the members of the Court on how or why the Michigan rule and its apparent adherence to a nonunified approach to motion practice is superior to the approach under FR Civ P 12(b), 12(c), and 56. In my view, it is ill-advised to issue a per curiam decision…
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