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PHILLIPS v. NAFF

Docket No. 5, Calendar No. 45,121.

332 Mich. 389 (1952)

52 N.W.2d 158

PHILLIPS v. NAFF.

Supreme Court of Michigan.

Rehearing denied May 16, 1952.

Attorney(s) appearing for the Case

Charles F. Welsh and Bruce Daines, for plaintiffs.

Hand, Sullivan, Hull & Kiefer (Joseph A. Sullivan, John B. Kiefer, Willis M. Graves and John W. Roxborough, II, of counsel), for defendants.

Amicus Curiae:

Morris Zwerdling (Solomon Bienenfeld and Weiswasser, Jaffe & Radner, of counsel), for Jewish Community Council of Detroit.

CARR, J.

Plaintiffs instituted an action at law in the circuit court to recover damages for an alleged breach of a reciprocal racial restriction. The declaration filed alleged that they were the owners of lot 14 in City Heights subdivision embracing certain land in Highland Park, that the defendants were the owners of lot 15 adjoining plaintiffs' property, and that prior to March 4, 1941, the owners of 75% of the frontage of lots on Tennyson avenue in said subdivision...

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