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ABC SUPPLY CO. v. CITY OF RIVER ROUGE

Docket No. 177719.

549 N.W.2d 73 (1996)

216 Mich. App. 390

ABC SUPPLY COMPANY, Plaintiff-Appellant, v. CITY OF RIVER ROUGE, Defendant/Cross-Plaintiff/Cross-Defendant/Appellee, and Harvey Stalburg and Ben Hogancamp, Defendants, and H.S. Construction Company, Inc., Defendant/Cross-Defendant/Cross-Plaintiff.

Court of Appeals of Michigan.

Decided April 23, 1996, at 9:05 a.m.

Released for Publication June 11, 1996.

Attorney(s) appearing for the Case

Muller, Muller, Richmond, Harms, Myers & Sgroi (by Roy C. Sgroi and John E. Ortoleva), Birmingham, for plaintiff.

Law Offices of F. Dennis Luke (by Kurt A. Olson), Allen Park, for defendant.

Before REILLY, P.J., and MICHAEL J. KELLY and BOSMAN, JJ.

MICHAEL J. KELLY, Judge.

Plaintiff appeals as of right from an order of summary disposition for the City of River Rouge dismissing plaintiff's claim against the city. We affirm.

On appeal, plaintiff asserts that the lower court erred in finding that M.C.L. § 129.201; M.S.A. § 5.2321(1) does not provide a cause of action for a supplier injured by a governmental unit's failure to require a payment bond as described in the statute. Plaintiff urges that...

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