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PERFORMANCE CONTRACTING INC. v. DYNASTEEL CORP.

No. 13-1364.

750 F.3d 608 (2014)

PERFORMANCE CONTRACTING INC., Plaintiff-Appellant, v. DYNASTEEL CORPORATION; James W. Russell, Jr.; Ronald W. Russell, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 28, 2014.

Attorney(s) appearing for the Case

ARGUED: Matthew T. Jane , Bodman, PLC, Ann Arbor, Michigan, for Appellant. Stuart H. Teger , Honigman, Miller, Schwartz and Cohn LLP, Detroit, Michigan, for Appellees. ON BRIEF: Matthew T. Jane , Bodman, PLC, Ann Arbor, Michigan, for Appellant. Stuart H. Teger , Honigman, Miller, Schwartz and Cohn LLP, Detroit, Michigan, for Appellees.

McKEAGUE, J., delivered the opinion of the court, in which SILER, J. joined, and WHITE, J., joined in part. WHITE, J. (pp. 14-16), delivered a separate opinion concurring in part.

OPINION

McKEAGUE, Circuit Judge.

This case arises out of a dispute between a general contractor and a subcontractor over payment for services rendered. The case presents questions concerning the interpretation and application of the Michigan Building Contract Fund Act, commonly referred to as the Michigan Builder's Trust Fund Act ("Trust Fund Act"). The district court ruled that the facts underlying this case did not trigger application of the Trust Fund...

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