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OAKLAND CTY. PROSECUTOR v. 46TH DIST. JUDGE

Docket Nos. 26328, 26459, 26560, 26561.

76 Mich. App. 318 (1977)

256 N.W.2d 776

OAKLAND COUNTY PROSECUTOR v. 46TH DISTRICT JUDGE

Michigan Court of Appeals.

Decided June 20, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Michael J. Modelski, Assistant Appellate Counsel, for plaintiff.

Lawrence B. MacDonald, for defendant Mathew P. Locricchio.

Stuart B. Eisenberg, for defendant Robert Mittleman.

Ivan E. Barris and Michael H. Golob, for defendant Robert Bageris.

Joel R. Isaacson, for defendant David Singer.

Before: DANHOF, C.J., and T.M. BURNS and J.E. McDONALD, JJ.

J.E. McDONALD, J.

Intervening defendants were charged with conspiracy to violate the state gambling statute, MCLA 750.301 et seq.; MSA 28.533 et seq.; MCLA 750.157a; MSA 28.354(1). The district judge dismissed the complaint on the basis that the gambling act did not apply to this fact situation. The circuit court reviewed the action of the district judge and decided that the district judge erred in construing...

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