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ELSAG BAILEY, INC. v. CITY OF DETROIT, MICH.

No. 96-70623.

975 F.Supp. 981 (1997)

ELSAG BAILEY, INC., d/b/a Bailey Controls Co., Plaintiff, v. CITY OF DETROIT, MICHIGAN, Thomas J. Deriemaker, and Westin Engineering, Inc., Defendants, and CITY OF DETROIT, MICHIGAN, Third-Party Plaintiff/Counter-Plaintiff, v. AMERICAN HOME ASSURANCE COMPANY, a foreign corporation, Third-Party Defendant.

United States District Court, E.D. Michigan, Southern Division.

June 17, 1997.

Attorney(s) appearing for the Case

Jeffrey G. Heuer, Jaffe, Raitt, Heuer & Weiss, Detroit, MI, Steven G. Feirson, Aaron C.F. Finkbiner, III, Dechert Price & Rhoads, Philadelphia, PA, for Plaintiff.

Thomas M. Keranen, Walter J. Federlein, Peter J. Cavanaugh, Federlein & Keranen, P.C., Bloomfield Hills, MI, for Defendants City of Detroit and DeRiemaker.

Michael L. Harrison, Harrison & Kaylor, San Jose, CA (Kevin J. Gleeson, Thomas L. Auth, Jr., Sullivan, Ward & Bone, Southfield, MI, of Counsel), for Defendant Westin.

OPINION AND ORDER AS TO DEFENDANTS' MOTION TO DISMISS (Fed.R.Civ.P.12(b)(6))

FEIKENS, District Judge.

I. Jurisdiction

Jurisdiction in this case is based on diversity of citizenship; the parties are completely diverse and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332. Application of Michigan law to the facts is required. Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817...

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