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GREAT AMERICAN INS CO v. E.L. BAILEY & COMPANY

No. 15-2149.

841 F.3d 439 (2016)

GREAT AMERICAN INSURANCE COMPANY, Plaintiff-Appellee, v. E.L. BAILEY & COMPANY, INC.; Edward L. Bailey, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 7, 2016.

Attorney(s) appearing for the Case

ARGUED: Thomas D. Noonan , Strenger & Noonan, Bloomfield Hills, Michigan, for Appellants. Lawrence R. Moelmann , Hinshaw & Culbertson LLP, Chicago, Illinois, for Appellee. ON BRIEF: Thomas D. Noonan , Strenger & Noonan, Bloomfield Hills, Michigan, Michael F. Smith , The Smith Appellate Law Firm, Washington, D.C., for Appellants. Lawrence R. Moelmann , Stephen R. Swofford , Hinshaw & Culbertson LLP, Chicago, Illinois, for Appellee.

Before: GILMAN, GIBBONS, and STRANCH, Circuit Judges.

OPINION

The State of Michigan contracted with E.L. Bailey & Company, Inc., a general contractor, to construct a prison kitchen. After delays, Bailey and the State sued each other for breach of contract in the Michigan Court of Claims. As required by Michigan law, Bailey had obtained surety bonds guaranteeing...

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