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ELSAG BAILEY, INC. v. CITY OF DETROIT, MICH.

No. 96-CV-70623.

975 F.Supp. 993 (1997)

ELSAG BAILEY, INC. d/b/a Bailey Controls Co., Plaintiff, v. CITY OF DETROIT, MICHIGAN, Thomas J. DeRiemaker, and Westin Engineering, Inc., Defendants. and CITY OF DETROIT, MICHIGAN, Third-Party Plaintiff/Counter-Plaintiff, v. AMERICAN HOME ASSURANCE COMPANY, a foreign corporation, Third-Party Defendant.

United States District Court, E.D. Michigan, Southern Division.

August 29, 1997.

Attorney(s) appearing for the Case

Jeffrey G. Heuer, Jaffe, Raitt, Heuer & Weiss, Detroit, MI, Steven G. Feirson, Aaron C.F. Finkbiner, III, Dechert, Price & Rhoads, Philadelphia, PA, for Plaintiff.

Thomas M. Keranen, Walter J. Federlein, Peter J. Cavanaugh, Federlein & Keranen, P.C., Bloomfield Hills, MI, for Defendant City of Detroit/DeRiemaker.

Michael L. Harrison, Harrison & Kaylor, San Jose, CA (Kevin J. Gleeson, Thomas L. Auth, Jr., Sullivan, Ward & Bone, Southfield, MI, of counsel), for Defendant Westin.

OPINION AND ORDER

FEIKENS, District Judge.

I. BACKGROUND

When this suit was filed on February 9, 1996, the complaint raised issues only of breach of contract and common law tort liability. On December 30, 1996, plaintiff Elsag Bailey, Inc. (Bailey) sought and later obtained permission to file an amended complaint. It was in this amended complaint that Bailey, for the first time, raised due process issues.

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