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STATE EX REL. WAYNE PROSECUTING ATTY. v. MOCERI

Docket No. 11663.

47 Mich. App. 116 (1973)

209 N.W.2d 263

STATE OF MICHIGAN, ex rel WAYNE PROSECUTING ATTORNEY, v. MOCERI

Michigan Court of Appeals.

Decided May 22, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Leonard Meyers, Assistant Prosecuting Attorney, for the people.

Armand D. Bove and Philip J. Caruso, for defendants except the Detroit Bank and Trust Company, National Bank of Detroit, and Servitor Credit Union.

Before: LESINSKI, C.J., and T.M. BURNS and O'HARA, JJ.

LESINSKI, C.J.

Defendants were arrested on February 4, 1971 on gambling charges. Their automobiles were subsequently confiscated as nuisances and sold at public auction, pursuant to MCLA 600.3825; MSA 27A.3825. They appeal by right the order of abatement, under which their automobiles were sold.

Defendants allege that the proceedings confiscating their automobiles amounted to a deprivation of due process of law in that the defendants, by exercising...

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