MEMORANDUM OPINION AND ORDER
JOINER, District Judge.
This case is before the court on cross motions for summary judgment by the plaintiff, City of Ypsilanti, and the defendant, Appalachian Insurance Company (Appalachian). For the reasons given below, the motion of the plaintiff is granted and the motion of the defendant is denied.
FACTS
The facts are not in dispute. On or about July 8, 1976, the plaintiff contracted with the defendant Appalachian...
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