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MACOMB PROSECUTOR v. MURPHY

Docket No. 199406.

592 N.W.2d 745 (1999)

233 Mich. App. 372

MACOMB COUNTY PROSECUTOR, Plaintiff-Appellee v. Sherri MURPHY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided January 12, 1999, at 9:00 a.m.

Released for Publication March 23, 1999.

Attorney(s) appearing for the Case

Carl J. Marlinga, Prosecuting Attorney, and Eric J. Kaiser, Assistant Prosecuting Attorney, for the plaintiff.

Peter H. Mytnyk, Mt. Clemens, for the defendant.

Before: MARK J. CAVANAGH, P.J., and MURPHY and WHITE, JJ.

PER CURIAM.

In this case plaintiff Carl Marlinga, as Macomb County Prosecutor, brought this action pursuant to § 4 of the incompatible offices act, M.C.L. § 15.181 et seq.; MSA 15.1120(121) et seq. The trial court found that defendant Sherri Murphy holds two incompatible public offices and granted summary disposition in favor of plaintiff. The trial court denied defendant's subsequent motion to disqualify plaintiff. Defendant appeals by leave...

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