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KOENIG v. CITY OF SOUTH HAVEN

Docket No. 109555, Calendar No. 10.

597 N.W.2d 99 (1999)

460 Mich. 667

Carol J. KOENIG, Individually and as Guardian of Jennifer Lynn Koenig, and Frederick G. Koenig, Plaintiffs-Appellees-Cross-Appellants, and Attorney General of the State of Michigan and the Michigan Department of Social Services, Intervenors, v. The CITY OF SOUTH HAVEN, Defendant-Appellant-Cross-Appellee, and Scott Ratter and Tom Allred, Defendants Cross-Appellees.

Supreme Court of Michigan.

Decided July 20, 1999.

Attorney(s) appearing for the Case

Granzotto & Nicita, P.C. (by Angela J. Nicita), and Chambers, Steiner, P.C. (by Franklin J. Chambers), for plaintiffs-appellees.

Cummings, McClorey, Davis & Acho, P.C. (by Gail P. Massad), Livonia, for defendant-appellant.

Opinion

TAYLOR, J.

This matter arises out of the near-drowning of plaintiffs' daughter when a large wave swept her off a pier in the city of South Haven. Plaintiffs pursued a breach of contract claim against the city under a third-party beneficiary theory. They contended that South Haven breached its obligations under a memorandum of understanding with the Army Corps of Engineers to restrict access to the...

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