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PALOMBA v. CITY OF EAST DETROIT

Docket Nos. 53121, 54445, 54478.

112 Mich. App. 209 (1982)

315 N.W.2d 898

PALOMBA v. CITY OF EAST DETROIT.

Michigan Court of Appeals.

Decided January 5, 1982.

Attorney(s) appearing for the Case

Charfoos, Christensen, Gilbert & Archer, P.C. (by John G. Konkel), for plaintiffs.

Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen, P.C. (by John A. DeMoss and Christine D. Oldani), for City of East Detroit.

Davidson, Gotshall, Kohl, Secrest, Wardle, Lynch & Clark (by George F. Clark and Michael L. Updike), for Ward and Van Nuck Asphalt.

Franklin, Petrulis, Lichty & Mellon, P.C. (by Bruce E. Bigler), for Rose Construction Company.

Before: DANHOF, P.J., and D.F. WALSH and D.C. RILEY, JJ.

D.F. WALSH, J.

Plaintiffs appeal from an accelerated judgment entered in favor of defendant City of East Detroit. Defendant Ward and Van Nuck Asphalt (hereinafter Ward) and third-party defendant, Rose Construction Company (hereinafter Rose) appeal from the circuit court's partial grant and partial denial of Rose's motion for summary judgment.

In 1975, defendant and third-party plaintiff, Ward, entered into a contract with defendant City of East Detroit to...

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