GALLAGHER v. SECRETARY OF STATE

Docket No. 16823.

52 Mich. App. 416 (1974)

217 N.W.2d 446

GALLAGHER v. SECRETARY OF STATE

Michigan Court of Appeals.

Decided March 28, 1974.


Attorney(s) appearing for the Case

Thomas Guastello (Dank, Peterson & Hay, P.C., of counsel), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General and Charles D. Hackney, Assistant Attorney General, for defendant.

Before: LESINSKI, C.J., and McGREGOR and O'HARA, JJ.


O'HARA, J.

This case presents a procedural snarl that is difficult of disentanglement. The judicial determination from which appeal was taken of right is designated "Declaratory Judgment and Injunction". By whatever terms it is entitled it amounts to a permanent injunction against the Secretary of State and the enforcement personnel of his staff prohibiting them from "interfering with petitioner's driving privileges". Certainly, then it becomes and is an injunction...

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