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LICHTMAN v. CITY OF DETROIT

Docket No. 27548.

75 Mich. App. 731 (1977)

255 N.W.2d 750

LICHTMAN v. CITY OF DETROIT

Michigan Court of Appeals.

Decided May 17, 1977.

Attorney(s) appearing for the Case

Merrill, Tatham & Rosati, for plaintiff.

Kermit G. Bailer, Corporation Counsel, and Michael Hurvitz, Assistant Corporation Counsel, for defendant.

Amicus Curiae: Service Station Dealers Association of Michigan (by Fieger, Golden & Cousens).

Before: R.M. MAHER, P.J., and V.J. BRENNAN and N.J. KAUFMAN, JJ.

PER CURIAM.

Defendant City of Detroit served plaintiff with a citation charging him with a violation of § 67-5-9 of chapter 67, article 5 of the code of the City of Detroit. That section reads:

"Except when in the actual process of delivering motor fuel from a retail motor fuel device, it shall be unlawful for any owner, manager, operator or supervisor of, or any person in authority, employee or attendant at, any gas station or other outlet or enterprise...

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