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COMPLETE AUTO & TRUCK PARTS, INC. v. SECRETARY OF STATE

Docket No. 253578.

692 N.W.2d 847 (2005)

264 Mich. App. 655

COMPLETE AUTO & TRUCK PARTS, INC., and James Patton, Plaintiff-Appellees, v. SECRETARY OF STATE, Defendant-Appellant.

Court of Appeals of Michigan.

Decided December 28, 2004, at 9:00 a.m.

Released for Publication February 16, 2005.

Attorney(s) appearing for the Case

Chimovitz and Chimovitz, PLC (by Jeffrey A. Chimovitz and Robert M. Chimovitz), Flint, for the plaintiffs.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Stewart H. Freeman and Nancy A. Piggush, Assistant Attorneys General, for the defendant.

Before: O'CONNELL, P.J., and BANDSTRA and DONOFRIO, JJ.

DONOFRIO, J.

Defendant, Michigan's Secretary of State, appeals as of right an order entered in favor of plaintiffs, Complete Auto & Truck Parts, Inc. (Complete Auto), and James Patton, determining the limitation in MCL 257.248e(1) of two vehicle salvage agents for each dealer arbitrary and capricious and declaring the statute unconstitutional. As a result, the order compelled defendant to accept and review Complete Auto's request for additional salvage vehicle...

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