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MAZUR v. YOUNG

No. 06-1525.

507 F.3d 1013 (2007)

Richard F. MAZUR, Plaintiff-Appellant, v. Roi W. YOUNG; Dyan Young, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 16, 2007.

Attorney(s) appearing for the Case

ARGUED: Charles M. Fortino, Fortino, Plaxton, Moskal & Costanzo, Alma, Michigan, for Appellant. James J. Hayes IV, Lambert, Leser, Cook, Giunta, Milster & Gannon, Bay City, Michigan, for Appellee. ON BRIEF: Charles M. Fortino, Fortino, Plaxton, Moskal & Costanzo, Alma, Michigan, for Appellant. James J. Hayes IV, Lambert, Leser, Cook, Giunta, Milster & Gannon, Bay City, Michigan, for Appellee.

Before: DAUGHTREY and MOORE, Circuit Judges; SHADUR, District Judge.

MOORE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. SHADUR, D.J. (pp. 1023-28), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In this diversity action we are asked to determine whether, under Michigan law, the guarantor of a land contract is liable to the seller for any deficiency once the seller has elected forfeiture as his remedy. For the reasons discussed below, we conclude that...

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