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MICHIGAN NAT. BANK v. KROGER CO.

No. 83-CV-8414-DT.

619 F.Supp. 1149 (1985)

MICHIGAN NATIONAL BANK, Counter-Plaintiff and Third-Party Plaintiff v. The KROGER COMPANY, Counter-Defendant, and Hamady Brothers Food Markets, Inc. and Aaron Weston, Third-Party Defendants.

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

Vacated in part October 9, 1985.

Attorney(s) appearing for the Case

Charles Milne, of Stern, Milmet, Vecchio, Goll & Carnago, P.C., Detroit, Mich., for The Kroger Co.

C. Patrick Kaltenbach, of Braun, Kendrick, Finkbeiner, Schafer & Murphy, Saginaw, Mich., for Michigan Nat. Bank.

Robert Segar, of Dean, Dean, Segar, Hart & Shulman, P.C., Flint, Mich., for Hamady Brothers Food Markets, Inc. and Aaron Weston.

OPINION AND ORDER

COHN, District Judge.

This case as it now stands involves the claims of Michigan National Bank (Bank) against The Kroger Company (Kroger) and Hamady Bros. Food Markets (Hamady) for expenses and attorney fees incurred by the Bank (i) in defending itself in this case against claims by Kroger it wrongfully performed its duties as escrow agent under a Kroger-Hamady escrow agreement and (ii) in third-party claiming against Hamady in this case...

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