Opinion
Calendar No. 1, Docket Nos. 51,237, 51,238.
Writ granted June 9, 1966.
Original petition for mandamus by Detroit Edison Company, a New York corporation, to compel Raymond F. Clevenger, corporation and securities commissioner, to act upon petition for refund of overpayment of annual privilege fee for the year 1957. Petition for mandamus by same plaintiff against same defendant to compel latter to proceed with computation of annual franchise privilege fees from 1959 through 1962. Department of Treasury substituted as party defendant. Submitted June 8, 1966. (Calendar No. 1, Docket Nos. 51,237, 51,238.) Writ granted June 9, 1966.
Fischer, Sprague, Franklin Ford ( Harvey T. Fischer, Richard Ford, and Gerald C. Simon, of counsel), for plaintiff.
Frank J. Kelley, Attorney General, Rotbert A. Derengoski, Solicitor General, and T. Carl Holbrook and William D. Dexter, Assistant Attorneys General, for defendant.
ORDER OF THE COURT.
On Order of the Court, a peremptory writ shall issue forthwith ordering respondent to proceed at once with statutory processing of the Detroit Edison Company's pending petition for refund and the Detroit Edison Company's pending requests for determination and/or redetermination of its annual franchise privilege fees as identified in our order to show cause dated April 9, 1965.
The Court finds a clear legal duty on the part of the respondent to proceed as above under sections 9 and 10 of the statute. No other opinion to follow.
CLS 1956, §§ 450.309, 450.310 (Stat Ann 1963 Rev §§ 21.210, 21.210[1]). — REPORTER.
T.M. KAVANAGH, C.J., and DETHMERS, KELLY, BLACK, SOURIS, SMITH, O'HARA, and ADAMS, JJ., concurred.