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KALAMAZOO MUNICIPAL UTILITIES ASS'N v. CITY OF KALAMAZOO

Docket No. 40, Calendar No. 46,649.

345 Mich. 318 (1956)

76 N.W.2d 1

KALAMAZOO MUNICIPAL UTILITIES ASSOCIATION v. CITY OF KALAMAZOO.

Supreme Court of Michigan.

Rehearing denied May 14, 1956.

Attorney(s) appearing for the Case

Edward J. Ryan (Howell Van Auken, of counsel), for plaintiffs.

Morris & Culver (David Morris, of counsel), for defendants City of Kalamazoo and officials.

Farrell, Folz, Paulson & Palmer, W.R. Roberts and S.H. Redner, for defendant Consumers Power Company.

Amicus Curiae:

Linsey, Shivel, Phelps & Vander Wal (R.M. Shivel, of counsel), for Michigan Municipal Utilities Association.

REID, J.

By their bill of complaint, plaintiffs request the court to enjoin the sale by the city of Kalamazoo (a home-rule city) to the Consumers Power Company of title to the city light utility for not less than $1,625,000. The bill of complaint recites the resolution adopted by the city commission authorizing such sale. The resolution authorized the city manager and city attorney to negotiate the details of the sale and...

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