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RIETH-RILEY CONSTRUCTION CO. v. DEP'T OF TRANSP.

Docket No. 67999.

136 Mich. App. 425 (1984)

357 N.W.2d 62

RIETH-RILEY CONSTRUCTION CO., INC. v. DEPARTMENT OF TRANSPORTATION

Michigan Court of Appeals.

Decided August 6, 1984.

Attorney(s) appearing for the Case

Brown & Winckler (by James L. Winckler), for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Christine A. Derdarian, Assistant Attorney General, for defendant.

Before: V.J. BRENNAN, P.J., and M.J. KELLY and G.R. COOK, JJ.

M.J. KELLY, J.

In August, 1979, M & B Contracting Corporation entered into a contract with defendant, Michigan Department of Transportation (MDOT), for the construction of 6.1 miles of grading and drainage structures in Kalkaska and Missaukee Counties with a 24-foot bituminous aggregate surface. M & B in turn entered into a subcontract with plaintiff, Rieth-Riley Construction Co., Inc., which provided that the subcontractor was to provide certain materials...

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