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GARDEN CITY OSTEOPATHIC HOSP. v. HBE CORP.

No. 94-1202.

55 F.3d 1126 (1995)

GARDEN CITY OSTEOPATHIC HOSPITAL, Plaintiff-Appellant, v. HBE CORPORATION; Hospital Building and Equipment Company, Incorporated; Hospital Designers, Incorporated; and Kummer Construction Company, Incorporated, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1995.

Attorney(s) appearing for the Case

Jon Feikens, Gary T. Tandberg (argued and briefed), Feikens, Foster, Vander Male, Bellamy & Gilchrist, Detroit, MI, for Garden City Osteopathic Hosp.

Steven R. Lefkofsky (argued and briefed), Donald K.S. Petersen, Petersen & Lefkofsky, Bloomfield Hills, MI, for HBE Corp.

Steven R. Lefkofsky, Petersen & Lefkofsky, Bloomfield Hills, MI, for Hosp. Designers, Inc.

Before: LIVELY, RYAN, and DAUGHTREY, Circuit Judges.

RYAN, Circuit Judge.

In this diversity action under Michigan law, the plaintiff, Garden City Osteopathic Hospital (GCOH), seeks damages allegedly arising from construction work performed by the defendants, HBE Corporation and Hospital Designers, Inc. (HDI). The district court granted summary judgment to the defendants, reasoning that a Michigan statute of repose, Mich.Comp.Laws Ann. § 600.5839, barred the plaintiff's claims. We find the statute of repose inapplicable...

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