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DURANT v. STATE OF MICHIGAN No 1.

Summary Dispositions September 29, 1998.

In lieu of granting leave to appeal, the order of the Court of Appeals dated June 11, 1998, dismissing the case, is reversed, and the case is remanded to that Court to resolve expeditiously the issue on which plaintiffs seek declaratory judgment. MCR 7.302(F)(1). See particularly ¶ A of the request for relief section of the complaint. Durant v. Michigan, 456 Mich. 175, 205 (1997), MCR 2.111(B)(2). The Court of Appeals has jurisdiction to determine the issue under Const 1963, art 9, § 32 because the gravamen of the action is a failure to comply with art 9, § 29. The motion for leave to file a brief amicus curiae is denied as moot. Jurisdiction is not retained.

Court of Appeals No. 211740.

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DURANT v. STATE OF MICHIGAN
(Sep 29, 1998)