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DEPARTMENT OF TREASURY v. COMMONWEALTH BK.

Docket No. 52577.

111 Mich. App. 553 (1981)

314 N.W.2d 688

DEPARTMENT OF TREASURY v. BANK OF THE COMMONWEALTH

Michigan Court of Appeals.

Decided November 30, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and E. David Brockman and Alan H. Broad, Assistants Attorney General, for plaintiff.

Mark T. Sophiea, for defendant Bank of the Commonwealth.

Before: V.J. BRENNAN, P.J., and N.J. KAUFMAN and E.E. BORRADAILE, JJ.

E.E. BORRADAILE, J.

Defendant Bank of the Commonwealth (hereafter bank) appeals as of right from an amended order of summary judgment under GCR 1963, 117.2(2), in favor of the Department of Treasury in the amount of $4,434.02.

On August 29, 1977, Erma J. Brown, who owed the state $7,672.38 in employee withholding taxes, purchased a cashier's check from defendant bank in the amount of $4,434.02, payable to the state. On May 17, 1978, the state served a warrant...

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