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ELLER v. METRO INDUSTRIAL CONTRACTING, INC.

Docket No. 241903.

683 N.W.2d 242 (2004)

261 Mich.App. 569

James ELLER, Individually and as Next Friend of James Eller, III, a Minor, Plaintiff, v. METRO INDUSTRIAL CONTRACTING, INC., Defendant/Third-Party Plaintiff-Appellee/Cross-Appellant, and Power Process Piping, Inc., and McLouth Steel Products Corporation, d/b/a McLouth Steel, Defendants, v. Mid-American Gunite, Inc., Third-Party Defendant-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided March 9, 2004.

Approved for Publication April 15, 2004, at 9:00 a.m.

Released for Publication July 7, 2004.

Attorney(s) appearing for the Case

Vandeveer Garzia (by Hal O. Carroll), Troy, for Metro Industrial Contracting, Inc.

Secrest, Wardle, Lynch, Hampton, Truex & Morley PC (by Janet Callahan Barnes), Farmington Hills, for Mid-American Gunite, Inc.

Before: HOEKSTRA, P.J., and SAWYER and GAGE, JJ.

PER CURIAM.

This case involves Metro Industrial Contracting, Inc.'s (Metro), third-party action for indemnification against third-party defendant Mid-American Gunite, Inc. (Gunite), arising out of an accident at a construction site. In a prior appeal, this Court reversed the trial court's order dismissing Metro's third-party complaint against Gunite, concluding that, under the broad language of the indemnity contract between Metro and Gunite, "Metro is entitled to...

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