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CITY OF HUNTINGTON WOODS v. AJAX, INC.

Docket No. 105176.

177 Mich. App. 351 (1989)

441 N.W.2d 99

CITY OF HUNTINGTON WOODS v. AJAX PAVING INDUSTRIES, INC

Michigan Court of Appeals.

Decided June 5, 1989.

Attorney(s) appearing for the Case

Shifman & Carlson, P.C. (by Burton R. Shifman), for plaintiff.

Ralls & Mackey, P.C. (by William Reid Ralls), for defendant.

Before: GRIBBS, P.J., and MICHAEL J. KELLY and MARILYN KELLY, JJ.

MARILYN KELLY, J.

The City of Huntington Woods appeals as of right from an order of the Oakland Circuit Court dismissing its complaint against Ajax Paving Industries, Inc., pursuant to MCR 2.116(C)(10). This lawsuit arose out of a paving contract between the parties. Huntington Woods sought damages for intentional and innocent misrepresentation and enforcement of an engineer's award. The circuit court ruled the cause was barred, because the City had not filed its...

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