TOTEFF v. VILLAGE OF OXFORD

Civ. A. No. 81-74529.

562 F.Supp. 989 (1983)

Tommy P. TOTEFF and Marilynn Toteff, his wife, Plaintiffs, v. VILLAGE OF OXFORD, a municipal corporation, Larry Erickson, Brian Arrowsmith, Arnold R. Simmons, Ella Joyce Simmons, his wife, Greater American Construction Corp., Barron Construction Corp., R.J. Criss Co., jointly and severally, Defendants.

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

January 14, 1983.


Attorney(s) appearing for the Case

Jeannette A. Paskin, Southfield, Mich., for plaintiffs.

Barbara J. Hansen, Birmingham, Mich., for defendants Oxford, Erickson and Arrowsmith.

Lee T. Hoffmann, Jr., Southfield, Mich., for defendants Arnold and Ella Simmons.

Sanford N. Lakin, Larry A. Smith, Southfield, Mich., for defendant Greater American Contracting.

Steven C. Berry, Troy, Mich., for defendant Barron Const. Co.

Stuart A. Ulanoff, Southfield, Mich., for defendant R.J. Criss.


ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS

PATRICIA J. BOYLE, District Judge.

This suit arises out of the collapse of a wall and ultimately the condemnation of plaintiffs' building in the course of construction of a movie theatre next door to plaintiffs' building. In 1976, plaintiffs, husband and wife, owned as tenants by the entirety property known as the Reed Building in Oxford, Michigan...

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