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FAIRWAY CONSTRUCTION CO. v. ALLSTATE MODERNIZATION, INC.

Nos. 73-1757 and 73-1758.

495 F.2d 1077 (1974)

FAIRWAY CONSTRUCTION COMPANY, Plaintiff-Appellant, v. ALLSTATE MODERNIZATION, INC., Defendant-Appellee. FAIRWAY CONSTRUCTION COMPANY, Plaintiff-Cross-Appellee, v. ALLSTATE MODERNIZATION, INC., Defendant-Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 26, 1974.

Attorney(s) appearing for the Case

Irving M. Weiner, Southfield, Mich., for plaintiff-appellant ; Arnold S. Weintraub, Weiner, Basile & Weintraub, Southfield, Mich., on brief.

Ralph M. Burton, Burton & Parker, Detroit, Mich., for defendant-appellee.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

Plaintiff-appellant perfected this appeal from an order entered by the district court granting defendant-appellee's motion for summary judgment, and appellee perfected a cross-appeal from an order denying its motion for an award of attorneys' fees against appellant.

The litigants herein are home improvement contractors operating in the Detroit, Michigan, area. In November of 1971 appellant instituted this action alleging that appellee's construction...

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