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ADAMS v. WAYNE COUNTY TREASURER

Docket Nos. 20365, 20433.

71 Mich. App. 275 (1976)

248 N.W.2d 232

ADAMS v. WAYNE COUNTY TREASURER

Michigan Court of Appeals.

Decided September 27, 1976.

Attorney(s) appearing for the Case

Karbel, Eiges, Rothstein & Karbel, for plaintiffs.

Aloysius J. Suchy, Corporation Counsel, and John K. Godre, Assistant Corporation Counsel, for defendants Wayne County, Wayne County Treasurer and the Wayne County Probate Judges.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Robert R. Roesch, Assistant Attorney General, for defendant Michigan State Treasurer.

Before: BRONSON, P.J., and M.J. KELLY and M.F. CAVANAGH, JJ.

M.F. CAVANAGH, J.

Plaintiffs commenced a class action in Wayne County Circuit Court challenging the constitutionality of § 17 of Chapter 1 of Michigan's Probate Code, MCLA 701.17; MSA 27.3178(17) as amended through 1969 (the probate inventory fee).1 Plaintiffs claimed that the statutory fee schedule, in which the fee was based on the size...

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