SEITZ v. RETIREMENT SYSTEM

Docket No. 121980.

189 Mich. App. 445 (1991)

474 N.W.2d 125

SEITZ v. PROBATE JUDGES RETIREMENT SYSTEM

Michigan Court of Appeals.

Decided May 20, 1991, at 10:30 A.M.


Attorney(s) appearing for the Case

Foster, Swift, Collins & Smith, P.C. (by Lawrence B. Lindemer, Theodore W. Swift, and Glen A. Schmiege), for the plaintiffs.

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Walter V. Kron and Michael J. Moquin, Assistant Attorneys General, for the defendants.

Before: SAWYER, P.J., and HOOD and MURPHY, JJ.


SAWYER, P.J.

Defendants appeal from an order of the circuit court granting summary disposition in favor of plaintiffs pursuant to MCR 2.116(C)(10) (no genuine issue of material fact) after the court found MCL 38.916(1)(c); MSA 27.3178(60.16)(1)(c) to be unconstitutional and severed that provision from the remainder of the statute. We reverse.

This dispute concerns the constitutionality of a provision of the...

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