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GROH v. CITY OF BATTLE CREEK

Docket No. 44, Calendar No. 49,382.

368 Mich. 653 (1962)

118 N.W.2d 829

GROH v. CITY OF BATTLE CREEK.

Supreme Court of Michigan.

Decided December 31, 1962.

Attorney(s) appearing for the Case

Joseph V. Wilcox (George R. Sidwell, of counsel), for plaintiff.

R.W. Harbert, Jr., City Attorney (J.W. McAuliffe, of counsel), for defendant.

SOURIS, J.

The issue we consider controlling in this appeal is whether the second proviso which appears in section 8 of PA 1909, No 279 (CLS 1956, § 117.8 [Stat Ann 1961 Cum Supp § 5.2087]), applies to a petition for annexation to the defendant city of Battle Creek of the entire city of Springfield, which adjoins Battle Creek, there having been an unsuccessful effort within the preceding 2 years to annex portions of the city of Springfield to Battle Creek...

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