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IN RE TEN MILE DRAIN

Calendar No. 43, Docket No. 49,952.

371 Mich. 209 (1963)

123 N.W.2d 719

In re TEN MILE DRAIN. ATTORNEY GENERAL, ex rel. STATE HIGHWAY COMMISSIONER, v. MACOMB COUNTY DRAIN COMMISSIONER.

Supreme Court of Michigan.

Decided October 10, 1963.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Louis J. Caruso and Florence N. Clement, Assistant Attorneys General, for plaintiffs.

John H. Yoe (Dickinson, Wright, McKean & Cudlip, of counsel), for defendants.

KAVANAGH, J.

This is an appeal from a circuit court affirmation of the Macomb county intracounty drainage board's final order of apportionment for the Ten Mile drain, under chapter 20 of the drain code of 1956, as amended,1 by which order the State was charged 9.585% of the estimated cost of the drain.

In the case of In re Petition of Macomb County Drain Commissioner,

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