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ENGLISH v. SAGINAW CTY. TREASURER

Docket Nos. 77-940, 77-941.

81 Mich. App. 626 (1978)

265 N.W.2d 775

ENGLISH v. SAGINAW COUNTY TREASURER McKENZIE v. SAGINAW COUNTY DRAIN COMMISSIONER

Michigan Court of Appeals.

Decided March 6, 1978.

Attorney(s) appearing for the Case

Montigel, Mackie & Harris, for plaintiff-appellees English.

Fortino, Plaxton & Moskal, for appellee McKenzie.

Porter, Day & Sawdey (by William A. Hubble), for intervening plaintiff-appellee Lamar Corporation.

Smith Bovill, P.C., for defendant-appellants.

Amicus Curiae: County of Wayne, Michigan, Aloysius J. Suchy, Corporation Counsel (by Lawrence O. Hinkle).

Before: R.M. MAHER, P.J., and M.F. CAVANAGH and N.J. KAUFMAN, JJ.

N.J. KAUFMAN, J.

This appeal involves a rather arcane body of statutory law, The Drain Code of 1921, 1921 PA 64, as amended. On October 2, 1975, Volney and Helen English filed a complaint against the Saginaw County Treasurer, Saginaw County Clerk and County of Saginaw requesting a writ of mandamus directing defendants to make payment on certain drain orders from the general fund of the county. Lamar Corporation was permitted...

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