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MPC CASHWAY LUMBER CO. v. HULL

Docket No. 207282.

606 N.W.2d 392 (1999)

238 Mich. App. 441

MPC CASHWAY LUMBER COMPANY, Plaintiff-Appellant, v. Gary L. HULL, Defendant-Appellee, and Passalacqua Builders, Inc., and Joseph Passalacqua, Defendants/Cross-Defendants, and Homeowner Construction Lien Recovery Fund, Defendant/Cross-Plaintiff-Appellee.

Court of Appeals of Michigan.

Decided November 5, 1999, at 9:25 a.m.

Released for Publication February 23, 2000.

Attorney(s) appearing for the Case

Willingham & Cote, P.C. (by Patrick D. Hanes), East Lansing, for the plaintiff.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Michael A. Lockman and R. Francis Rose, Assistant Attorneys General, for the Homeowner Construction Lien Recovery Fund.

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

WHITE, J.

Plaintiff appeals as of right from an order granting summary disposition in favor of defendants Hull and Michigan Homeowner Construction Lien Recovery Fund (hereinafter the fund),1 under MCR 2.116(C)(10). We affirm in part, reverse in part, and remand.

Defendant Gary Hull contracted with Joseph Passalacqua of Passalacqua Builders, Inc. (Passalacqua), for construction of a home...

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