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OLD KENT v. WHITAKER CONST. CO.

Docket No. 191220.

566 N.W.2d 1 (1997)

222 Mich. App. 436

OLD KENT BANK OF KALAMAZOO, Plaintiff-Appellee, v. Mark A. DeLisle, Beverly L. DeLisle, DeLisle Consulting & Laboratories, Ltd., and DeLisle Associates, Ltd., Defendants, and WHITAKER CONSTRUCTION COMPANY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided March 25, 1997, at 9:10 a.m.

Released for Publication June 6, 1997.

Attorney(s) appearing for the Case

Kreis, Enderee, Callander & Hudgins, P.C. by Alan G. Enderle, Kalamazoo, for plaintiff-appellee.

Lawrence W. Newmeyer, Kalamazoo, for defendant-appellant.

Before BANDSTRA, P.J., and HOEKSTRA and S.F. COX, JJ.

PER CURIAM.

Defendant Whitaker Construction Company appeals as of right an order of the Kalamazoo Circuit Court granting plaintiff Old Kent Bank of Kalamazoo's motion for summary disposition. We reverse and remand.

This case arises out of two competing security interests in a construction project involving the DeLisle Building in Portage, originally owned by Mark and Beverly DeLisle. In 1989, the DeLisles recorded...

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