REID, J.
This case is governed by our decision in the case of Cadillac Auto Dealers v. DeClerk, ante, 20.
In the instant case, the trial judge appropriately denied defendants' motion to dismiss. The order appealed from is affirmed and the case is remanded to the trial court for further proceedings. No costs, a public question concerning the statutes being involved.
CARR, C.J., and BUTZEL, SMITH, SHARPE, BOYLES, and DETHMERS, JJ., concurred.
KELLY, J., did not sit.