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BUCKEYE UNION FIRE INS. CO. v. STATE

Docket Nos. 2,168, 2,227.

13 Mich. App. 498 (1968)

164 N.W.2d 699

BUCKEYE UNION FIRE INSURANCE COMPANY v. STATE OF MICHIGAN. EMPLOYERS MUTUAL FIRE INSURANCE COMPANY v. SAME.

Michigan Court of Appeals.

Leave to appeal granted April 9, 1969.

Attorney(s) appearing for the Case

Kenneth C. Davies and Hamilton M. Robichaud, for plaintiff Buckeye Union Fire Insurance Company.

Robert B. Tatham, for plaintiff Employers Mutual Fire Insurance Company.

Norman L. Zemke, of counsel, for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Russell A. Searl, and Jerome Maslowski, Assistant Attorneys General, for defendant.

McGREGOR, J.

This case presents 3 issues: (1) the nature of state ownership of land after a period for redemption from a tax sale has expired; (2) the nature of damages suffered by plaintiffs, and (3) the nature and extent of state immunity from tort liability under the law on April 10, 1963.

We adopt in part the statement of fact of the trial court:

"In May, 1961, at [a] tax sale, property known as the...

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