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CITY OF MUSKEGON v. MUSKEGON COUNTY

Docket No. 22141.

63 Mich. App. 44 (1975)

233 N.W.2d 849

CITY OF MUSKEGON v. COUNTY OF MUSKEGON

Michigan Court of Appeals.

Decided July 23, 1975.

Attorney(s) appearing for the Case

Street, Stevens, Schuler, Johnson, Hipkiss, Piasecki & Knowlton, for plaintiff, City of Muskegon.

White, Spaniola, Knudsen, Stariha & Potuznik, P.C., (by Darrel G. Brown), for defendants.

Before: McGREGOR, P.J., and D.E. HOLBROOK and N.J. KAUFMAN, JJ.

PER CURIAM.

In this appeal, we are asked to determine which of the parties, plaintiff municipalities or defendant county, is required by § 8323 of the Revised Judicature Act, MCLA 600.8323; MSA 27A.8323, to pay witness and mileage fees for witnesses called by the plaintiff municipalities in cases arising out of plaintiffs' ordinances. Section 8323 provides:

"Witnesses in the district court shall be entitled to receive the same fees and mileage allowances...

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