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GIANNETTI BROS. CONST. CO. INC. v. CITY OF PONTIAC

Docket No. 82782.

152 Mich. App. 648 (1986)

394 N.W.2d 59

GIANNETTI BROTHERS CONSTRUCTION COMPANY, INC v. CITY OF PONTIAC

Michigan Court of Appeals.

Decided June 17, 1986.

Attorney(s) appearing for the Case

Hyman, Gurwin, Nachman, Friedman & Winkelman (by Abba I. Friedman and Eric J. Flessland), for plaintiff.

Simon, Deitch, Tucker, Weisman, Friedman & Trogan (by Donald F. Tucker and Richard T. Urbis), for defendant.

Before: J.H. GILLIS, P.J., and CYNAR and R.L. EVANS, JJ.

PER CURIAM.

Defendant, City of Pontiac, appeals as of right from the trial court's denial of its motion for actual costs, including attorney fees, and denial of its motion for reconsideration and clarification. We reverse and remand for a determination of costs and attorney fees.

I

The underlying action was commenced in 1977 and involved a complaint for contract nonperformance. The case was submitted...

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