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SEARS v. DEPARTMENT OF TREASURY

Docket No. 18790.

57 Mich. App. 218 (1974)

226 N.W.2d 63

SEARS v. DEPARTMENT OF TREASURY

Michigan Court of Appeals.

Decided December 5, 1974.

Attorney(s) appearing for the Case

Dunnings & Gibson, P.C. for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Richard R. Roesch and John W. Jackson, Jr., Assistants Attorney General, for defendant.

Before: QUINN, P.J., and McGREGOR and O'HARA, JJ.

McGREGOR, J.

Plaintiff brings this action for a writ of mandamus to compel the Michigan Department of Treasury either to return to plaintiff money seized pursuant to a jeopardy sales tax assessment, or to compel the State Board of Tax Appeals to hold the hearing required by MCLA 205.7; MSA 7.657(7).

On April 26, 1973, plaintiff was arrested and charged with violation of the Michigan Controlled Substances Act, delivery of marijuana, MCLA 335.341(1)(c); MSA...

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