LIVONIA BLDG. MATERIALS CO. v. HARRISON CONST. CO.

Docket Nos. 269045, 271021.

742 N.W.2d 140 (2007)

276 Mich. App. 514

LIVONIA BUILDING MATERIALS COMPANY, Plaintiff-Appellant/Cross-Appellee, v. HARRISON CONSTRUCTION COMPANY, Defendant/Cross-Defendant, and Henry G. Bell, Defendant-Appellee, and Keith M. Penner, Defendant-Appellee/Cross-Appellant. and Bank One and Martin Steudle, Defendants/Cross-Plaintiffs. Livonia Building Materials Company, Plaintiff-Appellee, v. Harrison Construction Company, Defendant/Cross-Defendant, and Henry G. Bell, Defendant/Cross-Defendant/Appellant, and Keith M. Penner, Defendant/Cross-Defendant, and Bank One and Martin Steudle, Defendants/Cross-Plaintiffs.

Court of Appeals of Michigan.

Decided July 26, 2007.

Approved for publication August 30, 2007, at 9:05 a.m.

Released for Publication October 26, 2007.


Attorney(s) appearing for the Case

Brashear Tangora PLC (by Carl V. Creighton), Livonia, for the Livonia Building Materials Company.

Kemp, Klein, Umphrey, Endelman & May, P.C. (by Robert N. Bassel), Troy, for Henry G. Bell.

Dean & Fulkerson (by Neill T. Riddell), Troy, for Keith M. Penner.

Before: DAVIS, P.J., and HOEKSTRA and DONOFRIO, JJ.


PER CURIAM.

Plaintiff, Livonia Building Materials Company (LBM), appeals as of right the trial court's order granting a motion for judgment notwithstanding the verdict (JNOV) in favor of defendants, Henry G. Bell and Keith M. Penner, in this claim involving the Michigan builders' trust fund act (MBTFA), MCL 570.151 et seq. Penner cross-appeals, and Bell separately appeals, the same order. Because the trial court properly found that Bell and Penner did not personally...

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