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DUNDEE CEMENT CO. v. SCHUPBACH BROS., INC.

Docket No. 78-5037.

94 Mich. App. 277 (1979)

288 N.W.2d 379

DUNDEE CEMENT COMPANY v. SCHUPBACH BROTHERS, INC.

Michigan Court of Appeals.

Decided December 6, 1979.

Attorney(s) appearing for the Case

Hooper, Hathaway, Fichera & Price (by Bruce T. Wallace and Mark R. Daane), for plaintiff.

Robert J. White, for defendant D & C Builders, Inc.

Before: R.B. BURNS, P.J., and D.E. HOLBROOK, JR. and P.J. GLENNIE, JJ.

PER CURIAM.

This case arises from a contract action in which plaintiff obtained a consent judgment for $67,238.99 against Schupbach Brothers. A writ of garnishment was issued on D & C Builders, which denied garnishee liability. Based on what appeared to be a valid default judgment against D & C for failure to disclose, plaintiff obtained a garnishment against Citizens Commercial & Savings Bank for its admitted liability of $7,463.40 to D & C. The trial...

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