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STATE TREASURER v. GARDNER

Docket No. 167791.

564 N.W.2d 51 (1997)

222 Mich. App. 62

STATE TREASURER, Plaintiff-Appellee, v. James Alven GARDNER, Sr., Defendant-Appellant.

Court of Appeals of Michigan.

Decided February 25, 1997, at 9:35 a.m.

Released for Publication May 15, 1997.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and E. David Brockman and Daniel M. Levy, Assistant Attorneys General, for plaintiff-appellee.

Prison Legal Services of Michigan, Inc. by Sandra Girard, Jackson, for defendant-appellant.

Before MARILYN J. KELLY, P.J., and WAHLS and M.R. KNOBLOCK, JJ.

MARILYN J. KELLY, Presiding Judge.

Defendant appeals by leave granted from an award to plaintiff of ninety percent of all accrued and future benefits he receives from his disability pension. He argues that he was denied due process when the trial court allowed plaintiff's counsel to appear and argue at the court hearing, but denied him the same opportunity. He asserts that M.C.L. § 600.6023(1)(f); M.S.A. § 27A.6023(1)(f) prohibits execution on his disability...

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