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Ross v. Taylor Township School Board

ROSS v. TAYLOR TOWNSHIP SCHOOL BOARD SIMMONS v. SAME

Ross v. Taylor Twp. Sch. Bd., 138 N.W.2d 402 (Mich. 1965)
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Court
Michigan Supreme Court · State Highest Courts
Decided
December 7, 1965
Docket
Nos. Calendar Nos. 6, 7; Docket Nos. 50,494, 50,495
Judges
Adams, Black, Dethmers, Hara, Kavanagh, Kelly, Smith, Souris
Citations
138 N.W.2d 402377 Mich. 151965 Mich. LEXIS 187

Opinion of the Court — Hara

Text extracted by OCR from a scanned original; check the original for exact wording.

O’Hara, J.

This is an appeal from an order of the circuit court of Wayne county denying a motion for rehearing and a motion to dismiss a claim of appeal and demand for a jury trial in an appeal from a final determination of the fair employment *17 practices commission. The circuit court’s order was entered February 13,1962.

The issue here presented is indistinguishable from that passed upon by this Court in Lesniak v. Fair Employment Practices Commission, 364 Mich 495 . It is controlled by the law of that case.

Appellees urge in this brief that the Constitution of 1963, art 5, § 29, and the passage of PA 1963 (2d Ex Sess), No 45 (CL 1948, §37.4 [Stat Ann 1965 Cum Supp § 3.548(4)]), nullifies the rule in Lesniak .

We do not pass upon the issue because it is not properly before us. The case at bar is controlled by the constitutional and statutory law as it existed at the time the appeal was taken.

The order of the circuit court is vacated. The case is remanded for disposition not inconsistent with the holding in Lesniak, supra. No costs.

T. M. Kavanagh, C. J., and Dethmers, Kelly, Black, Souris, and Smith, J J., concurred. Adams, J., did not sit.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1978: 119782026peak 1978 · 1

Relies on it most ⓘ

  1. Strachan v. Mutual Aid and Neigborhood Club, Inc.265 N.W.2d 66 (Mich. Ct. App. 1978)

Most recent

  1. Strachan v. Mutual Aid and Neigborhood Club, Inc.265 N.W.2d 66 (Mich. Ct. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Lesniak v. Fair Emp. Practices Comm'n, 111 N.W.2d 790 (Mich. 1961) 12

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