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CASTRO v. GOEMAERE

Docket No. 16547.

53 Mich. App. 78 (1974)

218 N.W.2d 395

CASTRO v. GOEMAERE

Michigan Court of Appeals.

Decided April 30, 1974.

Attorney(s) appearing for the Case

Wilson, Portnoy, Basso, Keller & Avadenka, for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Joseph B. Bilitzke and Carl K. Carlsen, Assistants Attorney General, for the Motor Vehicle Accident Claims Fund.

Before: DANHOF, P.J., and BRONSON and O'HARA, JJ.

BRONSON, J.

The two-part issue for our consideration is:

Whether the Motor Vehicle Accident Claims Fund Act grants the Secretary of State the power to, either administratively or judicially, set off an unrelated judgment paid on behalf of an uninsured motorist against a prior consent judgment entered against the fund in favor of the same uninsured motorist.

Separate claims against the fund...

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