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W.T. ANDREW CO. v. MID-STATE SURETY CORP.

Docket No. 110203, Calendar No. 1.

611 N.W.2d 305 (2000)

461 Mich. 628

W.T. ANDREW COMPANY, INC., Plaintiff-Appellant, v. MID-STATE SURETY CORPORATION, Defendant-Appellee.

Supreme Court of Michigan.

Decided April 18, 2000.

Attorney(s) appearing for the Case

Frank, Stefani, Haron & Hall, P.C. (by Sidney L. Frank and Tamara E. Fraser), Troy, for the plaintiff-appellant.

Wegner & Associates, P.C. (by Wayne G. Wegner and Shane F. Diehl), Grosse Pointe Woods, and Phillip G. Alber, co-counsel, Troy, for defendant-appellee.

Poling, McGaw & Poling, P.C. (by D. Douglas McGaw and James R. Parker), Troy, amicus curiae for Associated General Contractors of America.

Opinion

AFTER REMAND

PER CURIAM

The plaintiff, W.T. Andrew Company, Inc., was a sub-subcontractor on a construction project at the University of Michigan—Dearborn. It seeks to enforce a claim under the public works bond act. The circuit court's judgment in favor the plaintiff has twice been reversed by the Court of Appeals, whose judgment we now affirm.

I

When this case was before us in 1996, we set forth the facts:

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