REMES v. HOLLAND

Docket No. 76728.

147 Mich. App. 550 (1985)

382 N.W.2d 819

REMES v. HOLLAND

Michigan Court of Appeals.

Decided December 16, 1985.


Attorney(s) appearing for the Case

Thomas M. Powers, for plaintiff.

Cunningham, Mulder & Breese, P.C. (by Kenneth B. Breese), Deputy City Attorney, for defendant.

Before: MacKENZIE, P.J., and V.J. BRENNAN and R. ROBINSON, JJ.


V.J. BRENNAN, J.

Plaintiff, the trustee in bankruptcy for St. Clair Excavating Company (St. Clair), brought this action to recover monies which he alleged were owed to St. Clair pursuant to a contract entered into on June 15, 1981, by St. Clair and defendant, the City of Holland, a municipal corporation. On September 20, 1983, defendant filed a motion for accelerated judgment pursuant to GCR 1963, 116.1(5), asserting that plaintiff's claim was barred because of previous...

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