HARVEY v. STATE, DEPARTMENT OF MANAGEMENT & BUDGET

Docket No. 227140.

650 N.W.2d 392 (2002)

251 Mich. App. 392

Annabelle R. HARVEY, Beneficiary of Paul Harvey, Deceased, and Michael F. Merritt, Plaintiffs-Appellants, and Bruce A. Fox, Plaintiff, v. STATE of Michigan, Department of Management & Budget, Bureau of Retirement Services, and Judges Retirement Board, Defendants-Appellees.

Court of Appeals of Michigan.

Decided May 10, 2002, at 9:30 a.m.

Released for Publication August 23, 2002.


Attorney(s) appearing for the Case

Michael F. Merritt, Brighton, and Kasiborski, Ronayne & Flaska (by Chester E. Kasiborski, Jr., and Kenneth A. Flaska), Detroit, for the plaintiffs.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Stephen M. Rideout and Michelle M. Rick, Assistant Attorneys General, for the defendants.

Before: FITZGERALD, P.J., and BANDSTRA and K.F. KELLY, JJ.


BANDSTRA, J.

Plaintiffs appeal as of right from the circuit court's opinion and order granting summary disposition to defendants under MCR 2.116(C)(10) and holding that the treatment accorded by statute to judges of the 36th District Court with regard to retirement benefits does not violate the Equal Protection Clauses of U.S. Const, Am XIV and Const 1963, art 1, § 2. The trial court had previously granted summary disposition in favor of defendants and, on appeal...

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