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THOMAS INDUSTRIES, INC. v. C & L ELEC., INC.

Docket No. 173849.

550 N.W.2d 558 (1996)

216 Mich. App. 603

THOMAS INDUSTRIES, INC., Plaintiff-Appellant/Cross-Appellee, v. C & L ELECTRIC, INC., and United States Fidelity and Guaranty Company, Defendants-Appellees/Cross-Appellants.

Court of Appeals of Michigan.

Decided May 14, 1996, at 9:20 a.m.

Released for Publication July 12, 1996.

Attorney(s) appearing for the Case

Muller, Muller, Richmond, Harms, Myers & Sgroi (by William R. Farran), Grand Rapids, for plaintiff.

Oskar M. Hornbach, Lansing, for defendants.

Before WHITE, P.J., and FITZGERALD and THOMAS, JJ.

PER CURIAM

Plaintiff appeals as of right an order granting summary disposition pursuant to MCR 2.116(C)(10) for defendants. The trial court held that, under § 7 of the relevant public works construction bond act, M.C.L. § 129.207; M.S.A. § 5.2321(7), plaintiff's failure to satisfy the statutory notice requirements precluded it from recovering $17,473.05 against the payment bond defendant C & L Electric, Inc., procured through defendant United States...

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