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JONES v. RACING COMMISSIONER

Docket Nos. 18075, 18114.

56 Mich. App. 65 (1974)

223 N.W.2d 367

JONES v. RACING COMMISSIONER JONES v. SHIRLEY

Michigan Court of Appeals.

Decided October 8, 1974.

Attorney(s) appearing for the Case

Zolton Ferency, for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Harry G. Iwasko, Jr., and Florence E. Fraser, Assistants Attorney General, for the Racing Commissioner.

Sherwin M. Birnkrant, City Attorney, and Virtue & Carpenter, P.A., for City of Pontiac and Pontiac Stadium Building Authority.

Before: QUINN, P.J., and V.J. BRENNAN and CARLAND, JJ.

Leave to appeal denied. 393 Mich. 772.

QUINN, P.J.

This declaratory judgment action was filed by plaintiffs to have 1972 PA 5; MCLA 431.43; MSA 18.966(13)1 declared unconstitutional. Defendant Shirley moved for accelerated judgment on the basis that plaintiffs lacked legal capacity to sue, GCR 1963, 116.1(3) and that no plaintiff has demonstrated that he is or will be injured in his capacity as a taxpayer. After denial of this...

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