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OAK TREE, INC. v. COMMERCIAL UNION INSURANCE COMPANY

Civ. A. No. 88-73677.

720 F.Supp. 92 (1989)

OAK TREE, INC., and Gateway Houses, a division of Oak Tree, Inc., Plaintiffs, v. COMMERCIAL UNION INSURANCE COMPANY, a foreign insurance corporation, Defendant.

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

September 18, 1989.

Attorney(s) appearing for the Case

Richard L. Kralick, Hammond, Baker & Kralick, Adrian, Mich., for plaintiffs.

Charles C. Cheatham, MacArthur, Cheatham, Acker & Smith, Detroit, Mich., for defendant.

OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

FEIKENS, District Judge.

I. Background

Plaintiff, a building construction contractor, commenced the construction of a building in Washtenaw County, Michigan. Early in 1988 a county building inspector noted "numerous cracks in the basement walls and garage walls" and that "footings for [the garage] at jumps have settled." Plaintiff corrected the defects and now sues to recover...

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