BLUE WATER EXCAVATING CO., INC. v. STATE HY. COMM'R

Docket No. 603.

4 Mich. App. 266 (1966)

144 N.W.2d 630

BLUE WATER EXCAVATING COMPANY, INC. v. STATE HIGHWAY COMMISSIONER.

Michigan Court of Appeals.

Decided September 13, 1966.


Attorney(s) appearing for the Case

Atkins & Drillock, for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso, Assistant Attorney General, for defendants.


LESINSKI, C.J.

Plaintiff Blue Water Excavating Company appeals from the granting of defendant State of Michigan's motion for summary judgment by the court of claims for "failure of the complaint to set forth facts alleging liability on the part of the defendants."

The action arose from a contract in the amount of $2,041,310.99, awarded to plaintiff and K.G. Marks, Inc., by defendant as the successful joint bidders on a portion of the I-94 highway —...

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