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STATE TREASURER v. GARDNER

Docket No. 109598.

583 N.W.2d 687 (1998)

459 Mich. 1

STATE TREASURER, Plaintiff-Appellant, v. James Alven GARDNER, Sr., Defendant-Appellee.

Supreme Court of Michigan.

September 9, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and E. David Brockman and Daniel M. Levy, Assistant Attorneys General Detroit, for the Plaintiff-Appellant.

Prison Legal Services of Michigan, Inc. by Sandra Girard, Jackson, for the Defendant-Appellee.

OPINION

PER CURIAM.

Until his death in 1997, the defendant was a prisoner of the Department of Corrections. The State Treasurer sued for reimbursement of the cost of incarceration, and obtained an order requiring that the bulk of the defendant's prison account and pension income be paid to the state. The Court of Appeals reduced the award, but we reinstate the judgment of the circuit court.

I

In January 1990, defendant James Gardner began...

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