MUSSELMAN v. GOVERNOR

Docket Nos. 97322, 97915, Calendar No. 7.

545 N.W.2d 346 (1996)

450 Mich. 574

Ann MUSSELMAN, et al., Plaintiffs-Appellants, v. GOVERNOR, et al., Defendants-Appellees.

Supreme Court of Michigan.

February 12, 1996.


Attorney(s) appearing for the Case

White, Przybylowicz, Schneider & Baird, P.C. by Karen Bush Schneider, James A. White, Suzanne Krumholz Clark, and Jeffrey C. Murphy, Okemos, for plaintiffs.

Frank J. Kelley, Atty. Gen., Thomas L. Casey, Sol. Gen., and Susan I. Leffler and Michael J. Moquin, Asst. Attys. Gen., for defendants-appellees.

Graham K. Crabtree, Asst. Senate Majority Counsel, Alfred H. Hall, Senate Majority counsel, Judith M. Barton, Chief Policy and Legal Counsel, Lansing, and Laura A Chappelle, amici curiae, for Dick Posthumus, Paul Hillegonds, Harry Gast, Donald Gilmer, Dan DeGrow, and Glenn Oxender.

Howard & Howard Attorneys, P.C. by Donald F. Tucker, Wade E. Haddad, and Ellen M. Harvath, Lansing, amici curiae, for Michigan Ass'n of Retired School Personnel.

Jack Timmony, Asst. Corp. Counsel, Detroit, amici curiae, for the City of Detroit Law Dept.

Cohl, Stoker & Toskey, P.C. by Peter A. Cohl and David M. Foy, Lansing, amici curiae, for Michigan Ass'n of Counties, Michigan Townships Ass'n, and Michigan Municipal League.

Michael J. Van Overbeke & Associates, P.C. by Michael J. Van Overbeke, amici curiae, for the City of Detroit Employees Benefit Plan.

Varnum, Riddering, Schmidt & Howlett by John Patrick White, Grand Rapids, amici curiae, for Ferris State University, Eastern Michigan University, Western Michigan University, Michigan Technological University, and Northern Michigan University.


Prior report: 448 Mich. 503, 533 N.W.2d 237 (1995).

ON REHEARING

BRICKLEY, Chief Justice (concurring in part and dissenting in part).

With the benefit of rehearing and reconsideration of the merits of this significant case, I find that I cannot, as I did in this Court's original offering, join the opinion of Justice BOYLE to the extent that it finds it necessary to interpret...

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