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COOKE CONTRACTING CO. v. STATE HIGHWAYS DEPT. #1

Docket No. 13465.

55 Mich. App. 336 (1974)

222 N.W.2d 231

THE COOKE CONTRACTING COMPANY v. DEPARTMENT OF STATE HIGHWAYS #1.

Michigan Court of Appeals.

Decided September 10, 1974.

Attorney(s) appearing for the Case

Doyle, Smith, Whitmer & Carruthers, P.C., for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Louis J. Caruso and Curtis G. Beck, Assistants Attorney General, for defendants.

Before: J.H. GILLIS, P.J., and ALLEN and ELLIOTT, JJ.

ON REHEARING

J.H. GILLIS, P.J.

We granted application for rehearing to attempt resolution of facts and issues causing a three-way split of opinion in Cooke Contracting Co v Department of State Highways, 50 Mich.App. 253; 213 N.W.2d 262 (1973).1 The facts are fully set out in that opinion; a detailed reiteration is unnecessary to consider the...

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