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CIVIL RIGHTS DEP'T EX REL. SMILNAK v. CITY OF WARREN

Docket No. 71783.

136 Mich. App. 103 (1984)

355 N.W.2d 687

DEPARTMENT OF CIVIL RIGHTS ex rel JOHN SMILNAK v. CITY OF WARREN

Michigan Court of Appeals.

Decided July 9, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Felix E. League and Howard E. Goldberg, Assistants Attorney General, for petitioner.

David L. Dalenberg, Assistant City Attorney, for respondents.

Before: HOOD, P.J., and M.J. KELLY and R.C. LIVO, JJ.

R.C. LIVO, J.

On September 9, 1980, claimant John Smilnak, a 19-year-old resident of the respondent City of Warren, attempted to file an application for the position of firefighter with respondent City of Warren Act 78 Police and Fire Civil Service Commission. Respondent commission refused to accept claimant's application, relying on § 10 of 1935 PA 78 (MCL 38.510; MSA 5.3360) which provides that applications will not be received if the person applying is less...

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