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COOKE CONTRACTING CO. v. HIGHWAY DEPT.

Docket No. 13465.

50 Mich. App. 253 (1973)

213 N.W.2d 262

THE COOKE CONTRACTING COMPANY v. DEPARTMENT OF STATE HIGHWAYS

Michigan Court of Appeals.

Decided October 31, 1973.

Attorney(s) appearing for the Case

Doyle & Smith, P.C. (by James G. Halverson), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and James D. Mueller, Assistants Attorney General, for the defendants.

Before: FITZGERALD, P.J., and J.H. GILLIS and ADAMS, JJ.

ADAMS, J. (for affirmance).

In The Cooke Contracting Co v Department of State Highways, 34 Mich.App. 139, 141-142; 190 N.W.2d 683, 684-685 (1971), this Court stated:

"Defendants' motion for accelerated judgment is based on plaintiff's alleged failure to provide accurate notice to defendants of the time when the claim arose. At the hearing, defendants based their...

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