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SMITH v. AUDITOR GENERAL

Calendar No. 48, Docket No. 49,019.

380 Mich. 94 (1968)

155 N.W.2d 822

SMITH v. AUDITOR GENERAL.

Supreme Court of Michigan.

Decided February 9, 1968.

Attorney(s) appearing for the Case

Harry T. Cook, for plaintiffs.

Frank J. Kelley, Attorney General, and Warren R. Synder, Assistant Attorney General, for intervening defendant Auditor General, ex rel. Gerald E. Eddy, Director of Department of Conservation.

Charles H. Miltner, for defendant Crawford County Road Commission.

SOURIS, J.

In 1960 the Honorable Dennis J. O'Keefe, Crawford county circuit judge, dismissed plaintiffs' petition to vacate Portage Lake drive, a lakeside road shown on a recorded plat. On appeal to this Court in 1962, we remanded for additional proof regarding certain issues repeated here in our margin1 and for redetermination of the cause by the circuit judge upon the entire record as so supplemented...

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