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CZUPRYNSKI v. BAY JUDGE

Docket No. 96554.

166 Mich. App. 118 (1988)

420 N.W.2d 141

CZUPRYNSKI v. BAY CIRCUIT JUDGE

Michigan Court of Appeals.

Decided February 1, 1988.

Attorney(s) appearing for the Case

Goodman, Eden, Millender & Bedrosian (by Ernest Goodman), and Paul H. Stevenson and Patricia M. Strunck, of Counsel, for plaintiff.

Clary, Nantz, Wood, Hoffius, Rankin & Cooper (by Douglas W. VanEssen and Robert W. White), for defendant.

Amicus Curiae:

George B. Mullison, Prosecuting Attorney, Patrick O. Duggan, Chief Assistant Prosecuting Attorney, and Martha G. Mettee, Assistant Prosecuting Attorney.

Before: HOOD, P.J., and SAWYER and T.E. JACKSON, JJ.

SAWYER, J.

In this case we are asked to exercise our extraordinary power to issue an order of superintending control to permanently disqualify defendant, Bay Circuit Judge Eugene C. Penzien, from presiding in any case in which plaintiff is counsel of record. We decline to issue such an order, and we hold that, in cases where issues of fact necessary to the exercise of such power are disputed, the remedy provided by MCR 2.003, and appeal thereafter as provided by Chapter...

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