CITY OF SAGINAW v. CHWALA

Docket No. 97302.

170 Mich. App. 459 (1988)

428 N.W.2d 695

CITY OF SAGINAW v. CHWALA

Michigan Court of Appeals.

Decided August 1, 1988.


Attorney(s) appearing for the Case

Otto W. Brandt, Jr., and Alan S. Brostoff, for plaintiff.

O'Farrell, Smith & Popielarz (by Donald T. Popielarz), for defendant.

Before: KELLY, P.J., and HOLBROOK, JR., and J.D. PAYANT, JJ.


KELLY, P.J.

Defendant appeals as of right from the trial court's grant of plaintiff's motion for summary disposition in this declaratory judgment action. We reverse and remand.

Defendant was employed by plaintiff as an equipment serviceman from October, 1973, until March 1, 1982, when defendant was laid off. Defendant was subject to a collective bargaining agreement at the time of his layoff. That agreement provided in part:

Layoffs and recalls will...

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