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MICHIGAN TOWING ASS'N, INC. v. CITY OF DETROIT

Calendar No. 90, Docket No. 49,547.

370 Mich. 440 (1963)

122 N.W.2d 709

MICHIGAN TOWING ASSOCIATION, INC., v. CITY OF DETROIT.

Supreme Court of Michigan.

Rehearing denied September 4, 1963.

Attorney(s) appearing for the Case

William B. Elmer (Mihelich, Elmer & Dank, of counsel), for plaintiffs.

Robert Reese, Corporation Counsel, and Robert D. McClear, Assistant Corporation Counsel, for defendants.

KELLY, J.

Plaintiffs filed a bill of complaint against the city of Detroit, its mayor and police department, on June 9, 1960, alleging that on November 25, 1958, the common council adopted an ordinance providing:

"No disabled motor vehicle shall be towed on any expressway between the hours of 6 a.m. and 9 a.m. or between the hours of 3 p.m. and 7 p.m., except that any vehicle disabled on an expressway during such...

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