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SMITH v. LLOYD

Docket No. 16873.

56 Mich. App. 576 (1974)

224 N.W.2d 670

SMITH v. LLOYD

Michigan Court of Appeals.

Decided November 25, 1974.

Attorney(s) appearing for the Case

Barbara & Wisok, P.C., for plaintiffs.

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

Before: BRONSON, P.J., and V.J. BRENNAN and VAN VALKENBURG, JJ.

VAN VALKENBURG, J.

Plaintiffs' motion to compel payment from the Motor Vehicle Accident Claims Fund was denied. The amount of the settlement reached in the present action was set off against the amount owing from plaintiff Hugh Smith to the Motor Vehicle Accident Claims Fund pursuant to a stipulated judgment in another case. Plaintiffs appeal.

The Motor Vehicle Accident Claims Fund Act does not grant the power of setoff to the Secretary of State nor can the...

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