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CITY OF FERNDALE v. FLORENCE CEMENT CO.

Docket No. 254572.

712 N.W.2d 522 (2006)

269 Mich. App. 452

CITY OF FERNDALE, Plaintiff-Appellant, v. FLORENCE CEMENT COMPANY and Hartford Casualty Ins Company, Defendants-Appellees.

Court of Appeals of Michigan.

Decided January 17, 2006, at 9:15 a.m.

Released for Publication March 31, 2006.

Attorney(s) appearing for the Case

Beier Howlett, P.C. (by P. Daniel Christ and L. Rider Brice, III), Bloomfield Hills, for the plaintiff.

Kerr, Russell and Weber, PLC (by Michael D. Carroll and James R. Case), Detroit, and Ruggirello, Velardo, Novara and Ver Beek, P.C. (by Armand Velardo and Peter M. Ruggirello), Mt. Clemens, for the defendants.

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

WILDER, J.

Plaintiff appeals as of right the trial court's order granting defendants' motion for summary disposition pursuant to MCR 2.116(C)(7) and (C)(10). We reverse and remand.

I

Plaintiff city of Ferndale entered into a contract with defendant Florence Cement Company (Florence) to install new concrete for a roadway in the city. Defendant Hartford Casualty Insurance Company (Hartford) provided a maintenance and guarantee bond on the work performed...

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