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STATE FARM FIRE & CASUALTY CO. v. CORBY ENERGY SERV., INC.

Docket No. 267266.

722 N.W.2d 906 (2006)

271 Mich. App. 480

STATE FARM FIRE & CASUALTY COMPANY, as Subrogee of Leethel Neal, Plaintiff-Appellee, v. CORBY ENERGY SERVICES, INC., Defendant/Cross-Defendant-Appellee, and Level 3 Communications, Inc., Defendant/Cross-Plaintiff/Cross-Defendant-Appellee, and City Of Detroit, Defendant/Cross-Plaintiff-Appellant.

Court of Appeals of Michigan.

Decided July 11, 2006, at 9:00 a.m.

Released for Publication October 2, 2006.

Attorney(s) appearing for the Case

The Everhart Law Firm, P.C. (by Edward J. Everhart), Grand Rapids, for State Farm Fire & Casualty Insurance Company.

Harvey Kruse, P.C. (by James Sukkar and Julie E. Nichols), Troy, for Corby Energy Services, Inc.

Secrest Wardle (by Janet Callahan Barnes), Farmington Hills, for Level 3 Communications, Inc.

John E. Johnson, Jr., Corporation Counsel, and Joanne D. Stafford and Eric B. Gaabo, Assistant Corporation Counsel, for the city of Detroit.

Before: SMOLENSKI, P.J., and HOEKSTRA and MURRAY, JJ.

PER CURIAM.

Defendant/cross-plaintiff, city of Detroit (the City), appeals as of right the trial court's order denying its motion for summary disposition. We reverse and remand.

This lawsuit arises out of the 2002 failure of a water main owned by the City. In March 1999, defendant Level 3 Communications, Inc. (Level 3), hired defendant Corby Energy Services, Inc. (Corby), through a third party, to install fiber optic conduit in Southfield and Farmington Hills...

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