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VUGTERVEEN SYSTEMS v. OLDE MILLPOND CORP.

Docket No. 102988, Calendar No. 8.

560 N.W.2d 43 (1997)

454 Mich. 119

VUGTERVEEN SYSTEMS, INC., Plaintiff-Appellee, v. OLDE MILLPOND CORPORATION, Defendant-Appellant, and Erb Lumber Company and United Bank of Michigan, N.A., Defendants-Appellees.

Supreme Court of Michigan.

Decided March 18, 1997.

Attorney(s) appearing for the Case

Rhoades, McKee, Boer, Goodrich & Titta by Mary L. Williams, Molly M. McNamara, and Kenneth Horjus, Grand Rapids, for Plaintiff-Appellee.

Randall L. Velzen, Grand Rapids, for Defendant-Appellant.

Opinion

BRICKLEY, Justice.

In December of 1989, the plaintiff, Vugterveen Systems, Inc., filed a foreclosure action to enforce a construction lien against property owned by the defendant, Olde Millpond Corporation. Olde Millpond challenged the foreclosure, asserting that it had a defense to the lien. The trial court found the lien enforceable, but reduced its value. It also awarded attorney fees to Vugterveen. The Court of Appeals affirmed, awarding the...

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