POWELL v. SOUTHFIELD MOTEL ASSOCIATES

Docket No. 13493.

44 Mich. App. 26 (1972)

204 N.W.2d 689

POWELL v. SOUTHFIELD MOTEL ASSOCIATES.

Michigan Court of Appeals.

Decided November 28, 1972.


Attorney(s) appearing for the Case

Kenney, Kenney, Chapman & Prather (by John A. Cook), for defendant Southfield Motel Associates.

Joslyn & Keydel (by Harvey B. Wallace, II), for defendant Timmer Construction Company.

Plunkett, Cooney, Rutt & Peacock (by Sarah Wildgen Sweet), for defendant Spalding DeDecker & Associates, Inc.

Before: LESINSKI, C.J., and FITZGERALD and J.H. GILLIS, JJ.


PER CURIAM.

The issue raised on this interlocutory appeal is whether a principal defendant, having properly impleaded a third-party defendant pursuant to GCR 1963, 204, may assert a claim against the third-party defendant in an amount in excess of the principal plaintiff's claim. The trial court answered this question in the negative.

The difficulty lies in the wording of Rule 204, which is derived from FR Civ P, 14. The Federal courts, constructing Federal...

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