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Layle v. Adjutant General Michigan

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eBook details

  • Title: Layle v. Adjutant General Michigan
  • Author : Supreme Court of Michigan
  • Release Date : January 03, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Original action in the Court of Appeals by Herbert F. Layle against the Adjutant General of Michigan, to find plaintiff to have been the Quartermaster General from June 6, 1957 to November 15, 1963, and for other relief relating to his proper military rank, title, and for payment of actual duty and retirement pay. Order to show cause why a writ of quo warrantor should not be issued, granted. Judgment for plaintiff. Defendant appeals. Plaintiff cross-appeals. The Case For a more detailed statement of the events which gave rise to this action, reference is made to the decision of the Court of Appeals reported in 21 Mich App 351. For the purposes of our Disposition of this appeal, the following facts are pertinent: plaintiff was relieved from his post of Quartermaster General of the State of Michigan on September 30, 1957 by written directive of the Governor. On April 2, 1958, plaintiff filed a petition for mandamus in this Court, which was denied on July 15, 1958. 1 Nearly a decade later, plaintiff filed a complaint in mandamus in the Court of Appeals. From a determination by that Court that plaintiff's initial removal was unlawful and that he therefore is entitled to back pay for six years prior to this action, defendant has appealed to this Court.


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