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CITIZENS INS. CO. OF AMERICA v. PROCTOR & SCHWARTZ

No. 1:90-CV-837.

802 F.Supp. 133 (1992)

CITIZENS INSURANCE COMPANY OF AMERICA, a Michigan corporation, Subrogee of the Koeze Company, a Michigan corporation, Plaintiff, v. PROCTOR & SCHWARTZ, INC., a Delaware corporation, Defendant.

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

September 2, 1992.

Attorney(s) appearing for the Case

Michelle F. Kitch, Denenberg, Tuffley & Jamieson, P.C., Grand Rapids, Mich., for plaintiff.

Thomas M. Weibel, Smith, Haughey, Rice & Roegge, Grand Rapids, Mich., for defendant.

OPINION OF THE COURT

McKEAGUE, District Judge.

This case presents claims in contract and tort to recover damages for property damage and economic loss caused by fire. Now before the Court is defendant's motion for summary judgment, asking the Court to dismiss all claims.

I. FACTS

In late 1976 or early 1977, the Koeze Company entered into a sales agreement with defendant Proctor & Schwartz...

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