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W.J. O'NEIL CO. v. SHEPLEY, BULFINCH, RICHARDSON

No. 13-2320.

765 F.3d 625 (2014)

W.J. O'NEIL COMPANY, Plaintiff-Appellant, v. SHEPLEY, BULFINCH, RICHARDSON & ABBOTT, INC.; Smith Seckman Reid, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2014.

Rehearing En Banc Denied October 2, 2014.

Attorney(s) appearing for the Case

ARGUED: David M. Zack , McAlpine PC, Auburn Hills, Michigan, for Appellant. Jeffrey C. Gerish , Plunkett Cooney, Bloomfield Hills, Michigan, for Appellee Smith Seckman Reid. Michelle A Thomas , Thomas, DeGrood, Witenoff, P.C., Southfield, Michigan, for Appellee Shepley, Bulfinch, Richardson. ON BRIEF: David M. Zack , McAlpine PC, Auburn Hills, Michigan, for Appellant. Jeffrey C. Gerish , Plunkett Cooney, Bloomfield Hills, Michigan, for Appellee Smith Seckman Reid. Michelle A Thomas , Thomas, DeGrood, Witenoff, P.C., Southfield, Michigan, for Appellee Shepley, Bulfinch, Richardson.

COLE, C.J., delivered the opinion of the court, in which BOGGS, J., joined. McKEAGUE, J. (p. 635), delivered a separate dissenting opinion.

OPINION

COLE, Chief Judge.

After losing millions of dollars because of delays and coordination failures in building a hospital, W.J. O'Neil Company sued its construction manager in state court. The two ended up in arbitration. Shepley, Bulfinch, Richardson & Abbott, Inc., and Smith Seckman Reid, Inc., the defendants in this case, were added to the arbitration on indemnity claims. In the arbitration, O'Neil did not formally assert claims against the instant...

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