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ORTMAN v. MILLER

Docket Nos. 8682, 8683.

33 Mich. App. 451 (1971)

190 N.W.2d 242

ORTMAN v. MILLER FORD v. MILLER

Michigan Court of Appeals.

Decided May 18, 1971.

Attorney(s) appearing for the Case

Moss, Williams & Smith, for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Joseph B. Bilitzke, Assistant Attorney General, and John B. Bruff, Special Assistant Attorney General, for the intervening defendant.

Before: V.J. BRENNAN, P.J., and FITZGERALD and LEVIN, JJ.

LEVIN, J.

The question is whether the trial court correctly ruled that the plaintiffs, Scott Ortman and Barry Ford, were not residents of Michigan when they suffered injuries in an automobile accident alleged to have been caused by an uninsured motorist, defendant Todd B. Miller, and, hence, may not recover from the Motor Vehicle Accident Claims Fund.

The act provides:

"The secretary shall not pay out...

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