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SMIGEL v. SOUTHGATE COMMUNITY SCHOOL DIST.

No. 50 June Term 1971, Docket No. 53,008.

388 Mich. 531 (1972)

202 N.W.2d 305

SMIGEL v. SOUTHGATE COMMUNITY SCHOOL DISTRICT

Supreme Court of Michigan.

Rehearing denied January 30, 1973.

Attorney(s) appearing for the Case

Clark, Hardy & Lewis (by Charles L. Fine), for plaintiffs.

Levin, Levin, Garvett & Dill (by Erwin B. Ellman, Robert J. Finkel, Daniel J. Hoekenga, and Wallace K. Sagendorph), for defendant Southgate Education Association and its officers.

Amicus Curiae:

Detroit Federation of Teachers (by Rothe, Marston, Mazey, Sachs, O'Connell, Nunn & Freid).

Michigan Employment Relations Commission (by Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Francis W. Edwards, Assistant Attorney General).

American Federation of State, County and Municipal Employees, AFL-CIO (by Zwerdling, Miller, Klimist & Maurer).

Michigan Conference of Teamsters (by Goldberg, Previant & Uelmen [John S. Williamson, Jr.]).

T.M. KAVANAGH, C.J. (for reversal and remand).

We concur with Justice SWAINSON that the pure legal issues concerning construction of our statutes are not peculiarly within the scope of the expertise of the Michigan Employment Relations Commission and as such were properly brought before the circuit court.

However, we do not agree that the trial court correctly denied the plaintiffs injunctive relief. The determinative...

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