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WALKER v. WOLVERINE FABRICATING

Docket No. 75335, (Calendar No. 11).

425 Mich. 586 (1986)

391 N.W.2d 296

WALKER v. WOLVERINE FABRICATING & MFG CO, INC

Supreme Court of Michigan.

Decided August 5, 1986.

Attorney(s) appearing for the Case

Law Offices of Philip Green (by Philip Green) for the plaintiff.

Dahlberg, Mallender & Gawne (by David M. Gaskin) for the defendant.

Amicus Curiae:

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Felix E. League, Martin J. Vittands, and Michael J. Moquin, Assistant Attorneys General, for the Attorney General.

WILLIAMS, C.J.

The issue in this case is whether the provision in Const 1963, art 5, § 29, that appeals from final decisions of the Civil Rights Commission shall be "tried de novo" requires the reviewing circuit court to conduct an entirely new evidentiary hearing or whether it may conduct a hearing on the record below. This inquiry necessitates a review of 1) the common understanding of the phrase "appeals ... tried de novo," 2) the language and construction...

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