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JOBA CONST. CO. v. MONROE COUNTY DRAIN COMM'R

Docket Nos. 80438, 80439.

150 Mich. App. 173 (1986)

388 N.W.2d 251

JOBA CONSTRUCTION COMPANY, INC. v. MONROE COUNTY DRAIN COMMISSIONER MONROE COUNTY v. WESTERN CASUALTY & SURETY COMPANY

Michigan Court of Appeals.

Decided January 16, 1986.

Attorney(s) appearing for the Case

Fischer, Franklin, Ford, Simon & Hogg (by Ralph H. Houghton, Jr.), for Western Casualty & Surety Co.

Law Offices of John W. Mason, P.C. (by John W. Mason and Mary Taylor Zick), for Joba Construction Company, Inc.

Braunlich, Russow & Braunlich (by William H. Braunlich and William J. Braunlich, Jr.), for Monroe County and the Monroe County Drain Commissioner.

Before: MacKENZIE, P.J., and CYNAR and H.E. DEMING, JJ.

PER CURIAM.

These appeals, here by leave granted, arise out of a construction contract dispute. The central issue is whether Joba Construction Company, Inc., waived its right to arbitration by maintaining its action in circuit court against the Monroe County Drain Commissioner. In the beginning, Joba was retained by Monroe County to construct, install, and complete water pollution control facilities. The county drain commissioner, Donald Burton, signed the contract...

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