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COZZENS v. BAZZANI BLDG. CO.

Civ. A. No. 5-71441.

456 F.Supp. 192 (1978)

J. P. COZZENS, Trustee for Citizens Growth Properties, a Real Estate Investment Trust organized and existing under the laws of the State of Ohio, and John William Hoppers, Receiver for Minit-Man Investment Company, Plaintiffs, v. BAZZANI BUILDING COMPANY, Defendant and Third-Party Plaintiff, v. WESTCHESTER FIRE INSURANCE COMPANY, a foreign corporation, Third-Party Defendant.

United States District Court, E. D. Michigan, S. D.

July 11, 1978.

Attorney(s) appearing for the Case

Lincoln Welton, Detroit, Mich., for defendant and third-party plaintiff; Ivan E. Barris, Detroit, Mich., of counsel.

William R. Still, Detroit, Mich., for third-party defendant.

MEMORANDUM OPINION AND ORDER GRANTING THIRD-PARTY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

PHILIP PRATT, District Judge.

This action for breach of contract was brought on July 31, 1975. The contract in question involved the construction of a building to be used as a car-wash facility. The only defendant remaining in the action is Bazzani Building Company, which served as general contractor in the construction of the building. The substance of plaintiffs'...

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