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SMITH v. O'HARROW CONSTRUCTION CO.

Docket No. 78-5046.

95 Mich. App. 341 (1980)

290 N.W.2d 141

SMITH v. O'HARROW CONSTRUCTION COMPANY

Michigan Court of Appeals.

Decided February 6, 1980.

Attorney(s) appearing for the Case

Dykema, Gossett, Spencer, Goodnow & Trigg (by Alan R. Dominick and William H. Stephens, III), for defendant and third-party plaintiff.

Reid, Reid, Mackay, Emery & DeVine, P.C. (by Fred C. Newman), for third-party defendant Phoenix Contractors, Inc.

Before: T.M. BURNS, P.J., and CYNAR and A.M. BACH, JJ.

CYNAR, J.

Defendant and third-party plaintiff O'Harrow Construction Company appeals as of right from the entry of orders which dismissed its third-party complaint for indemnification and denied its motion for rehearing on a summary judgment in favor of third-party defendant Phoenix Contractors, Inc.

O'Harrow initially contends that the trial court erred in granting Phoenix's motion for summary judgment and in dismissing O'Harrow's third-party

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