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REED & NOYCE, INC. v. MUNI CONTRACTORS, INC.

Docket No. 47715.

106 Mich. App. 113 (1981)

308 N.W.2d 445

REED & NOYCE, INC. v. MUNICIPAL CONTRACTORS, INC.

Michigan Court of Appeals.

Decided May 5, 1981.

Attorney(s) appearing for the Case

Hubbard, Fox, Thomas, White & Bengston (by Jonathan R. White and Michael G. Woodworth), for plaintiff.

Smith & Brooker, P.C. (by Albert C. Hicks), for Fisher.

Jon W. Newman, Prosecuting Attorney, for Clinton County.

Before: M.J. KELLY, P.J., and ALLEN and C.L. HORN, JJ.

C.L. HORN, J.

This is an appeal as of right by defendant Fisher Contracting Company of a judgment, after a bench trial, finding it liable to plaintiff in the amount of $26,765.24 plus costs. At trial, defendant Municipal Contractors, Inc. was in default. The trial court required plaintiff to choose to proceed either against defendant Fisher or defendant Municipal Contractors, Inc. Plaintiff elected to proceed against Fisher, and plaintiff's action against Municipal...

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