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KAMMER ASPHALT PAVING CO. v. EAST CHINA TWP.

Docket No. 93937, (Calendar No. 3).

443 Mich. 176 (1993)

504 N.W.2d 635

KAMMER ASPHALT PAVING CO., INC. v. EAST CHINA TOWNSHIP SCHOOLS

Supreme Court of Michigan.

Decided August 3, 1993.

Attorney(s) appearing for the Case

Mager, Monahan, Donaldson & Alber, P.C. (by Lita Masini Popke and Lawrence M. Scott), for the plaintiff.

Thrun, Maatsch & Nordberg, P.C. (by Patrick J. Berardo and Gordon W. Van Wieren, Jr.), for the defendant.

RILEY, J.

Because we find that MCL 129.201 et seq.; MSA 5.2321(1) et seq. imposes upon a governmental unit1 the duty to verify the validity of a payment bond furnished by a general contractor of a public works project, we reverse the Court of Appeals affirmance of summary disposition with regard to plaintiff's negligence count. Similarly, because we find that defendant may have inequitably received the benefit of plaintiff...

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