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MATTER OF CLEMENTS & VAN WAGNEN CONST. CO.

Bankruptcy No. 80-01103, Adv. No. 81-0193.

23 B.R. 617 (1982)

In the Matter of CLEMENTS AND VAN WAGNEN CONSTRUCTION COMPANY, Debtor. CLEMENTS AND VAN WAGNEN CONSTRUCTION COMPANY, Plaintiff, v. WINKWORTH TRANSIT COMPANY, Defendant.

United States Bankruptcy Court, E.D. Michigan, S.D.

September 30, 1982.

Attorney(s) appearing for the Case

Michael Mason, Flint, Mich., for Liquidating Trustee.

Carl Bekofske, Flint, Mich., for debtor/plaintiff.

Dennis M. Haley, Winegarden, Shedd, Haley & Lindholm, Flint, Mich., for defendant.

MEMORANDUM OPINION

HAROLD H. BOBIER, Bankruptcy Judge.

Introduction

Defendant has moved the court for summary judgment against plaintiff, alleging lack of reliance on the part of the plaintiff as to the proper air-void content for cement to be used in the construction of sidewalks, and praying for a ruling of no cause of action on plaintiff's claim for breach of implied warranty of fitness for a particular purpose, U.C.C. 2-315.

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