AMERICAN BRIDGE MANUFACTURING COMPANY v. WALTER TOEBE CONSTRUCTION COMPANY

Case No. 08-14315, Consolidated with No. 09-11548., 09-14388

AMERICAN BRIDGE MANUFACTURING COMPANY, Plaintiff and Counter-Defendant, v. WALTER TOEBE CONSTRUCTION COMPANY, POU, INC. d/b/a ACE STEEL ERECTORS, INC., S.B. INC., SHERMAN BROS. HEAVY TRUCKING, SHERMAN BROS. TRUCKING, AND E.R. EXPRESS, Defendants and Counter-Plaintiff, and WALTER TOEBE CONSTRUCTION COMPANY, Cross-Plaintiff, POU, INC., d/b/a ACE STEEL ERECTORS, INC., S.B. INC., SHERMAN BROS. HEAVY TRUCKING, SHERMAN BROS. TRUCKING, AND E.R. EXPRESS Cross-Defendants.

United States District Court, E.D. Michigan, Southern Division.

September 22, 2010.


ORDER

JULIAN ABELE COOK Jr., District Judge.

This action arises out of accusations by the American Bridge Manufacturing Company ("ABM") that the Defendants1 breached their contractual obligations when they collectively failed to deliver a steel beam to a designated construction site in Michigan, more commonly known to the parties as the I-96/Gateway Project ("Gateway Project").

On May 21, 2009, E.R. Express filed a motion...

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