United States Sixth Circuit

In a bank's action seeking, on the basis of the various agreements between the parties, to inspect the financial records of two other companies owned by defendant after one of his companies filed for bankruptcy, grant of bank's request for specific performance of its inspection rights is affirmed where: 1) a specific provision explicitly permits the bank to exercise its inspection rights "at any time following an alleged violation," and "reasonable efforts" provisions were inapplicable to such rights; and 2) there was no error as to the specific performance order.

Appellate Information

• Decided 12/14/2007
• Published 12/14/2007

Judges

• Before: SILER, MOORE, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John E. Anding, Drew, Cooper & Anding, Grand Rapids, Michigan, for Appellants.  Melville W. Washburn, Sidley Austin, Chicago, Illinois, for Appellee.   ON BRIEF:  John E. Anding, Thomas V. Hubbard, Drew, Cooper & Anding, Grand Rapids, Michigan, for Appellants.  Melville W. Washburn, Matthew A. Clemente, Larry J. Nyhan, Kevin C. Pecoraro, Brian D. Rubens, Sidley Austin, Chicago, Illinois, William T. Burgess, Dickinson Wright, Detroit, Michigan, for Appellee.