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DUNCAN v. MICHIGAN

Docket No. 307790.

832 N.W.2d 761 (2013)

300 Mich. App. 176

DUNCAN v. State of MICHIGAN.

Court of Appeals of Michigan.

Decided April 2, 2013, at 9:05 a.m. Leave to appeal sought.

Attorney(s) appearing for the Case

Frank D. Eamon PLLC (by Frank D. Eamon ), Mark Granzotto, PC, Royal Oak (by Mark R. Granzotto ), Michael J. Steinberg , Kary L. Moss , and Mark P. Fancher , Detroit, for plaintiffs.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A Bandstra , Chief Legal Counsel, and Ann M. Sherman and Margaret A. Nelson , Assistant Attorneys General, for defendants.

Before: WHITBECK, P.J., and FITZGERALD and BECKERING, JJ.

BECKERING, J.

Defendants, the state and the Governor of Michigan (collectively "the state"), appeal by leave granted the trial court's order dated December 15, 2011, denying the state's motion for summary disposition. For the reasons set forth in this opinion, we affirm and lift the stay previously imposed by this Court.

I. PERTINENT FACTS AND PROCEDURAL HISTORY

This case returns to this Court after a...

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