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McGEE v. CITY OF WARREN

Docket No. 143337. COA No. 296452.

807 N.W.2d 315 (2012)

490 Mich. 1000

Michael McGEE, Plaintiff/Counterdefendant, v. CITY OF WARREN, Defendant/Counterplaintiff/Cross-Plaintiff-Appellant, and Tony Anthony, Inc., Defendant/Cross-Defendant-Appellee, and Andrew Eckstein, Major Cement Company, Inc., and Anderson, Eckstein & Westrick, Inc., Defendants.

Supreme Court of Michigan.

January 30, 2012.

Order

On order of the Court, the application for leave to appeal the May 24, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE in part the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals to apply MCL 600.5807(8) to the City of Warren's claims for breach of contract (insofar as they do not seek indemnity for damages sustained as a result of tortious...

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