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MARTIN v. CITY OF EAST LANSING

Docket No. 225841.

642 N.W.2d 700 (2002)

249 Mich. App. 288

Patrick Martin, Melanie Martin, James Sullivan, and Marcia Sullivan, Plaintiffs, v. City of East Lansing, Defendant, and HUBBELL, ROTH & CLARK, INC., and Soil & Material Engineers, Inc., Defendants/Third-Party Plaintiffs-Appellees, and JAY DEE CONTRACTORS, INC., Third-Party Defendant/Third-Party Cross-Defendant-Appellant, and Te-Oc, Inc., f/k/a Tillotsonn's Environmental Occupational Consulting, Inc., Third-Party Defendant/Third-Party Cross-Plaintiff.

Court of Appeals of Michigan.

Submitted November 14, 2001, at Lansing.

Decided November 30, 2001.

Released for Publication April 4, 2002.

Attorney(s) appearing for the Case

Stark, Reagan & Finnerty, P.C. (by Michael H. Whiting and Christopher E. LeVasseur), Troy, for Soil and Material Engineers, Inc.

Plunkett & Cooney, P.C. (by William D. Booth and Brian T. McGorisk), Detroit, for Hubbell, Roth & Clark, Inc.

Fraser Trebilcock Davis & Dunlap, P.C. (by Michael E. Cavanaugh and Graham K. Crabtree), Lansing, for Jay Dee Contractors, Inc.

Before: O'CONNELL, P.J., and SAWYER and SMOLENSKI, JJ.

PER CURIAM.

This case arises from a construction contract indemnity provision. Third-party defendant Jay Dee Contractors, Inc. (JDC), appeals as of right from the trial court's order granting summary disposition to third-party plaintiffs Hubbell, Roth & Clark, Inc. (HRC), and Soil & Material Engineers, Inc. (SME), with respect to their indemnity claim. The trial court concluded that JDC was required to indemnify HRC and SME in the underlying personal injury...

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