Legal Opinion · Dissent

Barczak v. Rockwell International Corp.

Michigan Court of Appeals

Decided May 17, 1976No. Docket 23462Published

1DissentM. F. Cavanagh, J.

I dissent. I would hold that the acquisition of jurisdiction over a defendant by the Michigan Civil Rights Commission tolls the statute of limitations as to a civil action for damages based on the same facts. MCLA 600.5856(2); MSA 27A.5856(2). The purposes and policies served by the statute of limitations , would not be frustrated by the adoption of the tolling rule. See Johnson v Railway Express Agency, Inc, 421 US 454,473; 95 S Ct 1716, 1726; 44 L Ed 2d 295,309 (1975) (Marshall, J., concurring in part and dissenting in part). Also see Cronin v Minster Press, 56 Mich App 471, 480-481; 224…

2Cases cited5 opinions

  1. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  2. People v. MiltonMichigan Supreme Court · 1974
  3. Cronin v. Minster PressMichigan Court of Appeals · 1974
  4. Hertel v. Racing CommissionerMichigan Court of Appeals · 1976
  5. Hudak v. Ex-Cell-O Corp.Michigan Court of Appeals · 1975

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