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WILL H. HALL & SON, INC. v. ACE MASONRY CONSTRUCTION, INC.

Docket No. 239772.

677 N.W.2d 51 (2003)

260 Mich. App. 222

WILL H. HALL & SON, INC., Plaintiff-Counterdefendant-Appellant, v. Capitol Indemnity Corporation, Defendant-Appellee, and ACE MASONRY CONSTRUCTION, INC., Defendant-Counterplaintiff-Third-Party-Plaintiff, and United States Fidelity & Guaranty Company, Third-Party-Defendant.

Court of Appeals of Michigan.

Decided December 30, 2003, at 9:05 a.m.

Released for Publication March 19, 2004.

Attorney(s) appearing for the Case

Spender, Robb & Black, P.C. (by M. Allen Robb and Dawn M. Weier), Flint, for Will H. Hall & Son, Inc.

Alber Crafton, PLLC (by Phillip G. Alber and Omar J. Harb), Troy, for Capitol Indemnity Corporation.

Before: MURPHY, P.J., and COOPER and C.L. LEVIN, JJ.

MURPHY, P.J.

Plaintiff appeals as of right from a judgment granting defendant Capitol Indemnity Corporation's motion for summary disposition, which was brought pursuant to MCR 2.116(C)(7)(release) and (10), in this action involving a construction project and a performance bond. We affirm.

Plaintiff was the general contractor for a government Job Corps construction project, and defendant Ace Masonry was a subcontractor providing cement and masonry work on the...

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