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AETNA CASULATY & SURETY CO. v. OAKLAND CTY. PROBATE JUDGES

Docket No. 15854.

50 Mich. App. 31 (1973)

212 N.W.2d 794

AETNA CASUALTY & SURETY COMPANY v. OAKLAND COUNTY PROBATE JUDGES

Michigan Court of Appeals.

Decided September 27, 1973.

Attorney(s) appearing for the Case

Davies, Rudzki & Zeder (by Clair R. Carney), for plaintiffs.

Robert P. Allen, Civil Counsel, and Robert H. Fredericks, II, Senior Assistant Civil Counsel, for defendants.

Before: HOLBROOK, P.J., and DANHOF and ADAMS, JJ.

Leave to appeal granted, 391 Mich. 790.

ADAMS, J.

This case is a declaratory judgment action1 in which plaintiffs sought adjudication of their rights under MCLA 712A.28; MSA 27.3178(598.28). Defendants are judges of the Oakland County Probate Court. Oakland County Circuit Court Judge William R. Beasley held that plaintiffs had no rights under the statute. Plaintiffs appeal.

Plaintiff insurance companies are subrogees of...

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