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LAKESIDE OAKLAND DEVELOPMENT v. H & J BEEF CO.

Docket Nos. 226903, 228797.

644 N.W.2d 765 (2002)

249 Mich. App. 517

LAKESIDE OAKLAND DEVELOPMENT, L.C., Plaintiff-Appellee, v. H & J BEEF COMPANY, Defendant-Third-Party Plaintiff-Appellant, and James W. Crawford and Harry Eiferle, Jr., Defendants-Appellants, v. Thomas A. Duke Company and Mark W. Szerlag, Third-Party Defendants-Appellees. Lakeside Oakland Development, L.C., Plaintiff, v. H & J Beef Company, Defendant-Third-Party Plaintiff-Appellant, and James W. Crawford and Harry Eiferle, Jr., Defendants, v. Thomas A. Duke Company and Mark W. Szerlag, Third-Party Defendants-Appellees.

Court of Appeals of Michigan.

Decided February 1, 2002, at 9:10 a.m.

Released for Publication May 3, 2002.

Attorney(s) appearing for the Case

Wasinger Kickham and Kohls (by Gregory D. Hanley), Royal Oak, for plaintiff Lakeside Oakland Development, L.C.

James C. Dillard, Flint, for third-party plaintiff H & J Beef Company.

Samuel H. Gun and James C. Dillard, Sylvan Lake, Flint, for defendants H & J Beef Company, James C. Crawford, and Harry Eiferle, Jr.

Wood, Kull, Herschfus, Lay & Kull, P.C. (by Brian H. Herschfus), Farmington Hills, for third-party defendants Thomas A. Duke Company and Mark W. Szerlag.

Before: HOOD, P.J., and MURPHY and MARKEY, JJ.

MURPHY, J.

The trial court granted summary disposition, pursuant to MCR 2.116(C)(10), in favor of plaintiff Lakeside Oakland Development, L.C., (seller) against defendants James W. Crawford and Harry Eiferle, Jr., and defendant/third-party plaintiff H & J Beef Company (buyers) in this real property action.1 The trial court also granted a motion for summary disposition by third-party defendants Thomas A.

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