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		State  Bar of Michigan e-Journal for Tuesday, May 8, 2001
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
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		Special  Note: Today's  e-Journal includes summaries of four Court of Appeals 
published  opinions and three U. S. Sixth Circuit Court of Appeals  opinions 
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Labor Law, Environmental  Law, Litigation, Municipal, and Real Property.
		
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		case  summaries  
		
		
		
		
		
		Civil  Rights 
		
		
		
		
		
		
		Back  to Quicklinks
		
		This  summary also appears under Employment & Labor Law
		
		Issues:  Title VII retaliation claims; Lateral transfer as an adverse  
employment action; Causal connection; Failure to include earlier  retaliation 
claims in EEOC charge; Time barred claims; o 1983 due  process claim in 
connection with five-day unpaid suspension; Qualified  immunity; o 1983 First 
Amendment claim
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Strouss v. Michigan Dep,t of Corrections
		e-Journal  Number: 10123
		Judge(s):  Jones, Cole, and Nugent
		
		Plaintiff did  not establish a prima facie case of retaliation because she  
failed to raise a genuine issue of material fact regarding a causal  
connection between her lateral transfer and her protected activity.  
Plaintiff did establish the third element of a prima facie  case of Title VII 
retaliation because there was at least a material  issue of fact whether the 
conditions of her lateral transfer, which  may have put her in contact with 
prisoners who had threatened her,  constituted an adverse employment action. 
However, there was clear  and undisputed evidence that plaintiff was informed 
of the decision  to transfer her months before she complained about a doctor,
s  sexual comments, and in light of defendant,s swift response to those  
complaints, temporal proximity alone was insufficient to raise an  inference 
of a causal connection. Dismissal of plaintiff,s claims  was affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Criminal  Law
		
		
		
		
		
		
		Back  to Quicklinks
		
		Issues:  Motions to quash the informations regarding the crime of riot;  The 
constitutionality of the riot statute
		Court:  Michigan Court of Appeals (Published)
		Case  Name: People v. Kim
		e-Journal  Number: 10127
		Judge(s):  Saad, Holbrook, Jr., and McDonald
		
		Since the evidence  established that the defendants acted in concert with 
others to  engage in violent conduct which caused or created a serious risk  
of causing public terror and harm and there was ample evidence establishing  
probable cause that each defendant participated in the rush toward  police 
and in throwing projectiles, the district courts properly  bound over 
defendants on the crime of riot, and the circuit court  erred in quashing the 
informations. The defendants claimed, and  the circuit court agreed, that 
since the violent acts were directed  at and witnessed by the police, and 
because police officers are  not "members of the public", the defendants' 
acts did not cause  public terror or alarm. The court has observed that a 
defendant  causes public terror or alarm any time a segment of the public is  
put in fear of injury either to their persons or their property  and 
concluded that the statute also applies to violent conduct that  creates a 
serious risk of causing public alarm. Reversed  with the charges of riot 
reinstated, and remanded.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Insufficient evidence to support conviction of felony-firearm;  
Remedy; Admission of photograph and enlargement; Other acts evidence;  People 
v. Sabin; People v. Engelman; Harmless error;  Competency of seven-year old 
to testify; Prosecutor,s use of leading  questions put to child witnesses; 
Right of confrontation and to  cross-examination; Prosecutorial misconduct; 
Cumulative effect of  prosecutorial misconduct
		Court:  Michigan Court of Appeals (Published)
		Case  Name: People v. Watson
		e-Journal  Number: 10126
		Judge(s):  Meter, Cavanagh, and Talbot
		
		Defendant,s  conviction for felony-firearm in connection with CSC I was 
reversed  and vacated because there was insufficient evidence to support a  
finding that defendant penetrated the victim on that occasion. However,  
while the prosecutor could not retry defendant on that identical  
felony-firearm charge, retrial using the applicable predicate offense,  
assault with intent to commit CSC II, was permitted. The trial court  did not 
abuse its discretion in admitting a photograph of the victim,s  buttocks 
because evidence that defendant carried the photograph  in his wallet had 
probative value to show that the victim,s allegations  were true and that he 
had a motive. The trial court also did not  err in finding that the victim,s 
seven-year old brother was competent  to testify. Reversal was not warranted 
by various instances of alleged  prosecutorial misconduct. Except for the 
felony-firearm conviction  and sentence, defendant,s convictions and 
sentences were affirmed.  The case was remanded for a new trial on 
felony-firearm.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Motion for rehearing or reconsideration of denial of motion  to 
transfer prosecution of defendant from juvenile to adult status;  
Discretionary transfer and mandatory transfer provisions of 18 U.S.C.  o 
5032; Taylor v. United States
		Court:  U.S. District Court Eastern District of Michigan
		Case  Name: United States v. A.F.F.
		e-Journal  Number: 10115
		Judge(s):  Lawson
		
		The government,s  motion for rehearing or reconsideration of the court,s 
decision  denying the motion to transfer prosecution of defendant from 
juvenile  to adult status was denied because the government failed to show  a 
defect by which the court was misled or which, upon correction,  would lead 
to a different result. The government,s argument that  the mandatory transfer 
provision of the statute applied to defendant  was not raised in a proper or 
timely fashion, and in any event defendant,s  prior conviction of 
second-degree home invasion did not place him  within the scope of that 
provision. The court determined that defendant,s  crime of second-degree home 
invasion, involving his breaking into  a house with the intent to commit 
larceny, did not contain an element  of actual or threatened use of physical 
force against the person  of another and therefore, was not a predicate 
offense for mandatory  transfer.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		Issues:  Waiver of right to be present during voir dire; Whether  there was a 
sufficient connection to interstate commerce to convict  defendants of RICO 
violations and violence in furtherance of racketeering;  United States v. 
Lopez; Whether a de minimis connection  to interstate commerce is sufficient 
to convict; Whether o 1959  (violent crimes in aid of racketeering) is 
controlled by Lopez
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: United States v. Riddle
		e-Journal  Number: 10121
		Judge(s):  Norris, Guy, and Siler
		
		A trial court  is not required to engage a defendant in an on-the-record 
colloquy  before allowing the defendant to absent himself from voir dire,  
and a failure to do so is not a fundamental structural error. Therefore,  
defendants' waiver through their counsel of their right to be present  during 
voir dire was effective. Defense counsel suggested  defendants' absence, and 
the district court allowed the waiver only  after it instructed defense 
counsel to consult with their clients  and then received assurance from 
defense counsel that defendants  waived their right to be present. 
Defendants' absence was part of  a defense strategy to avoid any prejudice 
resulting from the appearance  of heavy security during the questioning of 
the potential jurors.  Even if the waiver were not effective, the right to be 
present at  voir dire is not one of those structural rights whose violation  
constitutes per se error. Rather, there must be prejudice  in the absence to 
warrant reversal. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		
		Employment  & Labor Law
		
		
		
		
		
		Back  to Quicklinks
		
		This summary  also appears under Civil Rights
		
		Issues:  Title VII retaliation claims; Lateral transfer as an adverse  
employment action; Causal connection; Failure to include earlier  retaliation 
claims in EEOC charge; Time barred claims; o 1983 due  process claim in 
connection with five-day unpaid suspension; Qualified  immunity; o 1983 First 
Amendment claim
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Strouss v. Michigan Dep,t of Corrections
		e-Journal  Number: 10123
		Judge(s):  Jones, Cole, and Nugent
		
		Plaintiff did  not establish a prima facie case of retaliation because she  
failed to raise a genuine issue of material fact regarding a causal  
connection between her lateral transfer and her protected activity.  
Plaintiff did establish the third element of a prima facie  case of Title VII 
retaliation because there was at least a material  issue of fact whether the 
conditions of her lateral transfer, which  may have put her in contact with 
prisoners who had threatened her,  constituted an adverse employment action. 
However, there was clear  and undisputed evidence that plaintiff was informed 
of the decision  to transfer her months before she complained about a doctor,
s  sexual comments, and in light of defendant,s swift response to those  
complaints, temporal proximity alone was insufficient to raise an  inference 
of a causal connection. Dismissal of plaintiff,s claims  was affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Environmental Law
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Real Property
		
		Issues:  Condemnation action; Whether environmental contamination and 
cleanup  costs can be considered in determining just compensation; The 
Uniform  Condemnation Procedures Act (UCPA); Fair market value of the 
property;  Failure to consider and award damages as a consequence of the 
condemnation
		Court:  Michigan Court of Appeals (Published)
		Case  Name: Silver Creek Drain Dist. v. Extrusions Div., Inc.
		e-Journal  Number: 10125
		Judge(s):  Zahra, Smolenski, and Collins
		
		In an issue  of first impression in Michigan, the court held that the UCPA 
does  not vest courts with the authority to account for estimated 
remediation  costs of contaminated property when calculating the amount of 
just  compensation due a property owner in a condemnation proceeding.  The 
court also held that the only proper method of arriving at just  compensation 
is to separate the question of just compensation from  the question of 
liability for environmental cleanup. Therefore,  the trial court erred when 
it deducted estimated cleanup costs to  arrive at a fair market value and 
just compensation amount. Reversed  and remanded.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Family Law
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Indian Law
		
		Issues:  Termination of parental rights; Whether oo 19b(3)(g) and (n)  were 
unconstitutionally vague and overbroad; Notice requirements  of the Indian 
Child Welfare Act (ICWA)
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Echter
		e-Journal  Number: 10109
		Judge(s):  Per Curiam ) Talbot, Sawyer, and Markey
		
		Termination  of respondent-father,s parental rights was affirmed because the  
statutory provisions relied upon were not unconstitutionally vague  or 
overbroad and the family court complied with the notice requirements  of the 
ICWA. The language "proper care and custody" and  "reasonable" as used in a 
prior version of o 19b(3)(g)  was previously found not to be 
unconstitutionally vague. Viewing  o 19b(3)(n) in its entirety, the court 
found that it also was sufficiently  clear and definite to withstand a 
vagueness challenge. Since respondent,s  conduct clearly fit within the 
statutes, he could not successfully  claim that the statutes were overbroad. 
After learning that the  children,s mother,s family was descendant of the 
Ojibwa tribe, the  family court notified the Ojibwa tribes of Michigan and 
the Bureau  of Indian Affairs, by registered mail as specified by the ICWA,  
but no response was received. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Indian Law
		
		
		
		
		
		
		Back  to Quicklinks
		
		This summary  also appears under Family Law
		
		Issues:  Termination of parental rights; Whether oo 19b(3)(g) and (n)  were 
unconstitutionally vague and overbroad; Notice requirements  of the Indian 
Child Welfare Act (ICWA)
		Court:  Michigan Court of Appeals (Unpublished)
		Case  Name: In re Echter
		e-Journal  Number: 10109
		Judge(s):  Per Curiam ) Talbot, Sawyer, and Markey
		
		Termination  of respondent-father,s parental rights was affirmed because the  
statutory provisions relied upon were not unconstitutionally vague  or 
overbroad and the family court complied with the notice requirements  of the 
ICWA. The language "proper care and custody" and  "reasonable" as used in a 
prior version of o 19b(3)(g)  was previously found not to be 
unconstitutionally vague. Viewing  o 19b(3)(n) in its entirety, the court 
found that it also was sufficiently  clear and definite to withstand a 
vagueness challenge. Since respondent,s  conduct clearly fit within the 
statutes, he could not successfully  claim that the statutes were overbroad. 
After learning that the  children,s mother,s family was descendant of the 
Ojibwa tribe, the  family court notified the Ojibwa tribes of Michigan and 
the Bureau  of Indian Affairs, by registered mail as specified by the ICWA,  
but no response was received. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Litigation
		
		
		
		
		
		
		Back               to Quicklinks
		
		Issues:  Jurisdiction; Remittitur; Fair Credit Reporting Act (FCRA)
		Court:  U.S. Court of Appeals Sixth Circuit
		Case  Name: Anderson v. Roberson
		e-Journal  Number: 10122
		Judge(s):  Batchelder, Cole, and Graham 
		
		Deciding an  issue of first impression, the court held that it lacked 
jurisdiction  over the parties, appeals because the district court had not 
yet  entered a final and appealable order. A district court order giving  the 
plaintiff a choice between remittitur or a new trial is not  a final, 
appealable order. Plaintiffs, original complaint alleged  that the defendants 
conspired to access the plaintiffs' consumer  credit histories for the 
illegitimate purpose of evaluating plaintiffs'  financial ability to defend 
against a lawsuit being contemplated  by the defendants. The district court 
entered a verdict against  them for both compensatory and punitive damages on 
plaintiffs' FCRA  claims. After the district court entered judgment on the 
jury's  verdict, it granted the defendants' motion for remittitur or new  
trial and gave plaintiffs a choice between remittitur or proceeding  with a 
new trial. Dismissed and remanded.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Municipal
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Real Property
		
		Issues:  Whether plaintiffs had standing to request a declaratory judgment;  
Comstock v. Wheelock; Whether there was an actual controversy  between the 
parties
		Court:  Michigan Court of Appeals (Published)
		Case  Name: Gyarmati v. Bielfield
		e-Journal  Number: 10124
		Judge(s):  Kelly and Gribbs; Dissent - Sawyer 
		
		Since plaintiffs  were seeking enforcement of an ordinance by requesting that 
the  court declare that the Bielfields could not use the easement they  had 
over plaintiffs' property for riparian purposes and it was the  
defendant-township, not plaintiffs, that had standing to enforce  the 
ordinance, plaintiffs were not entitled to summary disposition.  Plaintiffs 
filed a complaint for declaratory judgment against the  defendants alleging 
that an easement that the Bielfields had over  plaintiffs' land was illegal 
because it violated a township ordinance.  Plaintiffs sought to have a prior 
stipulated order between the parties,  which reaffirmed the easement, 
declared void due to illegality.  Pursuant to Comstock, public rights actions 
must be brought  by public officials vested with such responsibility. 
Plaintiffs  also failed to demonstrate that an actual controversy existed 
between  them and the township. They did not argue that the ordinance was  
unconstitutional or unenforceable in any way. As such, plaintiffs  failed to 
state a claim for which relief could be granted. The trial  court properly 
granted summary disposition to the defendants. Affirmed.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		Real Property
		
		
		
		
		
		
		Back               to Quicklinks
		
		This summary  also appears under Municipal
		
		Issues:  Whether plaintiffs had standing to request a declaratory judgment;  
Comstock v. Wheelock; Whether there was an actual controversy  between the 
parties
		Court:  Michigan Court of Appeals (Published)
		Case  Name: Gyarmati v. Bielfield
		e-Journal  Number: 10124
		Judge(s):  Kelly and Gribbs; Dissent - Sawyer 
		
		Since plaintiffs  were seeking enforcement of an ordinance by requesting that 
the  court declare that the Bielfields could not use the easement they  had 
over plaintiffs' property for riparian purposes and it was the  
defendant-township, not plaintiffs, that had standing to enforce  the 
ordinance, plaintiffs were not entitled to summary disposition.  Plaintiffs 
filed a complaint for declaratory judgment against the  defendants alleging 
that an easement that the Bielfields had over  plaintiffs' land was illegal 
because it violated a township ordinance.  Plaintiffs sought to have a prior 
stipulated order between the parties,  which reaffirmed the easement, 
declared void due to illegality.  Pursuant to Comstock, public rights actions 
must be brought  by public officials vested with such responsibility. 
Plaintiffs  also failed to demonstrate that an actual controversy existed 
between  them and the township. They did not argue that the ordinance was  
unconstitutional or unenforceable in any way. As such, plaintiffs  failed to 
state a claim for which relief could be granted. The trial  court properly 
granted summary disposition to the defendants. Affirmed.
		
		Full  Text Opinion
		
		Back  to Quicklinks  
		
		This summary  also appears under Environmental Law
		
		Issues:  Condemnation action; Whether environmental contamination and 
cleanup  costs can be considered in determining just compensation; The 
Uniform  Condemnation Procedures Act (UCPA); Fair market value of the 
property;  Failure to consider and award damages as a consequence of the 
condemnation
		Court:  Michigan Court of Appeals (Published)
		Case  Name: Silver Creek Drain Dist. v. Extrusions Div., Inc.
		e-Journal  Number: 10125
		Judge(s):  Zahra, Smolenski, and Collins
		
		In an issue  of first impression in Michigan, the court held that the UCPA 
does  not vest courts with the authority to account for estimated 
remediation  costs of contaminated property when calculating the amount of 
just  compensation due a property owner in a condemnation proceeding.  The 
court also held that the only proper method of arriving at just  compensation 
is to separate the question of just compensation from  the question of 
liability for environmental cleanup. Therefore,  the trial court erred when 
it deducted estimated cleanup costs to  arrive at a fair market value and 
just compensation amount. Reversed  and remanded.
		
		Full  Text Opinion
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		
		fields  of practice listings
		
		
		
		
		
		ADR/Arbitration/Mediation
		
		
		
		
		
		
		ASHER N.  TILCHIN, a  member of the American College of Civil Trial Mediators 
and Michigan  Arbitration and Mediation Association provides mediation for 
pre,  early, and matured lawsuits. He has been a successful mediator since  
1991. Tilchin also provides arbitration services as a single or  multi-panel 
arbitrator. Cases involving construction, real estate,  commercial 
transactions, and legal malpractice invited. Asher N.  Tilchin, 31731 
Northwestern Hwy., Suite 106, Farmington Hills, MI  48334, (248)855-0995 or 
Fax (248) 855-0850, e-mail antilchin@aol.com
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Administrative  Law
		
		
		
		
		
		
		JAMES R. VIVENTI, James R Viventi PLLC, 3670 Powderhorn  Drive, Okemos, MI 
48864-5924, Phone: (517) 381-0670, FAX: (517)  381-0671. 
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Adoption
		
		
		
		
		
		
		MONICA FARRIS LINKNER, Sommers, Schwartz, Silver & Schwartz,  PC, 2000 Town 
Center, Suite 900, Southfield, MI 48075-1100, Phone:  (248) 746-4011, FAX: 
(248) 936-1976, e-mail: mlinkner@s4online.com.  
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Alternative  Dispute Resolution
		
		
		
		
		
		
		DONNA CRAIG, Donna Craig & Associates PLC, 999 Haynes Street,  Suite 245, 
Birmingham, MI 48009, Phone: (248) 682-7750, FAX: (248)  682-2376, e-mail: 
craigassoc@earthlink.net.  Visit www.adr-resource.com
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Antitrust/Advertising/Trade  Regulation
		
		
		
		
		
		
		DAVID G.  CHARDAVOYNE specializes  in the regulation of business competition, 
including: antitrust  law, unfair competition, and the regulation of 
advertising, labeling,  and other trade practices. Former Chairperson of 
State Bar antitrust  and trade regulation section, more than 15 years' 
experience in  this field. Will consult regarding antitrust issues 
(monopolies,  mergers, price fixing, exclusive dealing, tying arrangements, 
price  discrimination, dealer termination, market allocation); premerger  
notice filings under Hart-Scott-Rodino Act; discussions with State  and 
Federal regulatory agencies (FTC, Justice Department, Attorney  General); 
compliance with laws regulating advertising (substantiation  of claims, 
product labels, consumer price displays); and all other  matters relating to 
business competition. David G. Chardavoyne,  26755 La Muera Ave., Farmington 
Hills, MI 48334-4613, (248) 477-6308,  e-mail chardavoyne@aol.com
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Appeals
		
		
		
		
		
		
		LAURIE S. LONGO, 214 South Main, Suite 210, Ann Arbor, MI  48104-2122, Phone: 
(734) 913-5619, e-mail: 42203@msn.com.  Visit http://michiganappeals.com.  
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Appellate  Law
		
		
		
		
		
		
		SAFFORD & BAKER, PLLC, 40900 Woodward Avenue, Suite 110,  Bloomfield Hills, 
MI 48304, Phone: (248) 646-9100, FAX: (248) 646-9100.  Visit 
www.saffordbaker.com.
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Automobile  Warranty Law
		
		
		
		
		
		
		LIBLANG  & ASSOCIATES:  Specializing in "Lemon Law", UCC, Magnuson-Moss, 
Odometer  Fraud and Consumer Protection Act. Available for trials, 
consultations  or referrals. Cases accepted statewide. Over 17 years and 
5,000  cases. Michigan's most experienced lemon law attorneys, Dani K.  
Liblang and Scott J. Sinkwitts. Please call (248) 540-9270 or e-mail   
NoLemons@aol.com 
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Business  & Taxation
		
		
		
		
		
		
		LAW OFFICES  OF RALPH W. PEZDA.  Oakland County practitioner with an LL.M. 
degree in taxation from  New York University will assist your clients or firm 
with taxation,  business, interdisciplinary, and white collar criminal 
matters.  Referrals paid. 27700 Northwestern Hwy., Suite 411, Southfield,  MI 
48034. (248) 352-5632. E-mail address: rwp@cdlcorp.com
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Construction  Law
		
		
		
		
		
		
		JOHN V.  TOCCO, attorney,  construction engineer, and civil engineering 
professor, with over  twenty years experience in the construction industry, 
provides mediation  and arbitration services for all construction matters. 
Also provides  litigation support and claims analysis. Cases accepted 
statewide.  Call (313) 406-2040 for CV, or review Profile at 
www.johntocco.com  E-mail john@johntocco.com
		
		Back to Quicklinks  
		
		
		
		
		
		
		
		Copyrights
		
		
		
		
		
		
		CAROL R. SHEPHERD, Arborlaw Associates, PLLC, 320 S Main  St, PO Box 8403, 
Ann Arbor, MI 48107-8403, Phone: (734) 668-4646,  FAX: (734) 822-4646, 
e-mail: shepherd@arborlaw.com.  
		
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		Criminal  Law
		
		
		
		
		
		
		F. RANDALL KARFONTA, Attorney @ Law, 113 North Main, PO  Box 565, Leland, MI 
49654, Phone: (231) 256-2200. Visit http://www.leelanau.com  or 
http://www.leelanau.com/professional/karfonta.  
		
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		RAYMOND A. CASSAR, Law Offices of Raymond A. Cassar, 30665  Northwestern Hwy, 
Suite 100, Farmington Hills, MI 48334, Phone: (248)  855-0911, FAX: (248) 
855-9523, e-mail: rcassar@aol.com.  Additional offices located in Oakland 
County (248) 855-0911, and Wayne  County (313) 278-8811. Visit 
www.crimlawattorney.com.  
		
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		TALPOS & ARNOLD PC, 2855 Coolidge Road, Suite 109, Troy, MI  48084-3215, 
Phone: (248) 643-4515, FAX: (248) 643-4797, e-mail: jctalpos@aol.com.  Visit 
www.Mich-Lawyer.com.  
		
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		Environmental  Law
		
		
		
		
		
		
		DEAN & FULKERSON, PC, Richard A. Barr, rbarr@dflaw.com  or James K. O'Brien, 
jobrien@dflaw.com,  801 W Big Beaver, Suite 500, Troy, MI 48084-4767, Phone: 
(248) 362-1300,  FAX: (248) 362-1358. 
		
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		Family  Law
		
		
		
		
		
		
		JOHN G. MAKRIS, 802 E Big Beaver Rd, Troy, MI 48083-1404,  Phone: (248) 
528-1811, FAX: (248) 524-0973, e-mail: jgmakris@altavista.com.  
		
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		Federal  False Claims (Qui Tam) Actions
		
		
		
		
		
		
		HaronDAVID  HARON represents  whistleblowers in civil false claims actions 
and works with referring  attorneys nationwide who specialize in employment 
law and other  fields. Under the federal False Claims Act, private 
individuals  with knowledge of fraud against federal programs can file suit 
on  behalf of the United States and receive a substantial share of any  
recovery. Representing such claimants, Mr. Haron has recovered millions  of 
dollars in Medicare and Medicaid funds that had been fraudulently  obtained 
by health-care providers, primarily through abusive billing  practices. To 
learn more, visit his qui tam web site at www.QuiTamOnline.com  or contact 
him directly by e-mail at dharon@fsh-law.com  or phone (248) 952-0400 at 
Frank, Stefani, Haron & Hall  in Troy http://www.fsh-law.com/
		
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		Hospital  & Medical Negligence
		
		
		
		
		
		
		THE  LAW OFFICES OF JOHN S. HONE, P.C., representing victims  of hospital and 
medical negligence resulting in serious injury,  permanent cognitive and 
physical disability and wrongful death.  Millions won, available for 
consultation and referral, cases accepted  statewide. Phone Hone: (248) 
888-7585; Toll Free: 888-HMO-1010;  Fax: (248) 473-8895; E-mail to 
mmhmolawsuit@aol.com
		
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		Immigration  and Naturalization
		
		
		
		
		
		
		NAHIL PETER ANTONE, N. Peter Antone, PC, 16445 West Twelve  Mile Road, Suite 
100, Southfield, MI 48076, Phone: (248) 559-0707,  FAX: (248) 559-0790, 
e-mail: Peter@Antone.com.  Visit http://Antone.com.  
		
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		ROGER R. RATHI, Attorney at Law, 29777 Telegraph Road, Suite  2500, 
Southfield, MI 48034, Phone: (248) 539-8421, FAX: (248) 353-2786,  e-mail: 
rrathi@yahoo.com.  
		
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		STEVEN N. GARMO, Law Offices of Garmo & Garmo, 28230 Orchard  Lake Road, 
Suite 201, Farmington Hills, MI 48334, Phone: (248) 626-0050,  FAX: (248) 
626-0051, e-mail: steve@garmo.com.  Visit: www.garmo.com.  
		
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		Immigration  Law
		
		
		
		
		
		
		MARSHAL  E. HYMAN & ASSOCIATES. All  aspects of immigration law including 
employment-based immigration  for professionals and skilled workers. Labor 
certifications. Family-based  immigration. Immigration from Canada. Political 
asylum, all waivers  and appeals. Corporate transfers for multinational 
employees. Representation  in Immigration courts and Federal courts since 
1981. 3250 West Big  Beaver, Suite 529, Troy, MI 48084. (248) 643-0642, Fax: 
(248) 643-0798.  E-mail: marshalhyman@msu.com
		
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		Insurance  Law
		
		
		
		
		
		
		STUART A. SKLAR, Fabian, Sklar & Davis, PC, 31800 Northwestern  Hwy, Suite 
205, Farmington Hills, MI 48334, Phone: (248) 855-2110,  FAX: (248) 855-0209. 
Additional office located in West Michigan  (616) 451-9900, e-mail: 
ssklar-firelaw@tir.com.  
		
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		Intellectual  Property Law
		
		
		
		
		
		
		GIFFORD, KRASS, GROH, SPRINKLE, ANDERSON & CITKOWSKI, P.C.,  280 North Old 
Woodward, Suite 400, Birmingham, MI 48009-5392, Phone:  (248) 647-6000, FAX: 
(248) 647-5210, e-mail: info@patlaw.com.  
		
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		RADER, FISHMAN & GRAUER, PLLC, Bloomfield Hills (248) 594-0600;  Grand Rapids 
(616) 742-3500; Washington, DC (202) 955-3750; Englewood,  CO (303) 991-1200. 
Visit www.intelprop.com.  
		
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		Labor  & Employment
		
		
		
		
		
		
		THE LAW  OFFICE of  Gregory T. Gibbs  is an AV rated firm with years of 
experience in employment law advice  and litigation. We can answer questions 
about: handbooks, sexual  harassment, wrongful discharge, discrimination, 
family medical leave,  collective bargaining, wage-hour issues or any other 
employment  related matter under state or federal law. We work with you and  
your clients under referral fee arrangements. 328 S. Saginaw St.,  Ste. 9001, 
Flint, MI 48502. (810) 239-9470, fax (810) 235-2468,  e-mail: 
bakerlak@tir.com
		
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		DAVID D. KOHL, 39500 Orchard Hill Place, Suite 110, Novi, MI  48375, Phone: 
(248) 347-6666, FAX: (248) 348-8707, e-mail: daviddkohl@juno.com.  
		
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		Litigation
		
		
		
		
		
		
		FINK, ZAUSMER & KAUFMAN, PC, 31700 Middlebelt Rd #150, Farmington  Hills, MI 
48334, Phone: (248) 851-4111, FAX: (248) 851-0100. Additional  offices 
located in Detroit (313) 963-3873, and Lansing (517) 374-2735.  Visit 
http://www.lawsite.com  
		
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		STEPHEN K. VALENTINE, JR, Valentine & Associates, 5767 West  Maple Road. 
Suite 400, West Bloomfield, MI 48322, Phone: (248) 851-3010,  FAX: (248) 
851-1553.  
		
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		Medical  Malpractice
		
		
		
		
		
		
		WANT A SECOND  OPINION ON A MEDICAL MALPRACTICE CASE? The  law offices of 
Anthony M. Malizia, P.C., is a statewide firm that  handles only medical 
malpractice cases. I am Martindale-Hubbell  "AV-rated." I sit as a 
plaintiff's medical malpractice  mediator. I have 20 years experience in the 
review and development  of these cases, many trials to jury verdict, and many 
more settlements.  Over the years, upwards of 20% of my case inventory has 
consisted  of meritorious cases initially rejected by others, including 
"name  firms." Oftentimes these cases were subjected to incomplete  analysis 
because of the firm's lack of in-depth, medico-legal background.  Sometimes 
medical sleuthing or a new perspective was required. Send  me your rejected 
case for a "de novo" review. We also  welcome the referral of "new" cases. 
Anthony M. Malizia,  P.C., 37000 Grand River, Suite 340, Farmington Hills, MI 
48335,  1-800-555-5107 or e-mail: amlmalizia@aol.com
		
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		Real  Estate
		
		
		
		
		
		
		BRAD B. ALDRICH, Law Offices of Brad B. Aldrich, PLLC, 645  Griswold, Suite 
3261, Detroit, MI 48226, Phone: (313) 965-9490,  FAX: (313) 965-9478, e-mail 
belmontald@aol.com.
		
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		Special  Education Law
		
		
		
		
		
		
		LAW OFFICES  OF MARSHA LYNN TUCK with  20 years experience, 
Martindale-Hubbell "AV-rated," representing  students with and without 
disabilities in suspension, expulsion,  integration, inclusion, and similar 
cases. Marsha Lynn Tuck, 30700  Telegraph Road, Suite 4646, Bingham Farms, MI 
48025. (248) 585-9338.
		
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		Tax  Litigation & Disputes
		
		
		
		
		
		
		JOSEPH FALCONE  is  available to assist attorneys with Federal and State 
Civil and Criminal  Tax Litigation and Dispute matters. Joseph Falcone, a 
former IRS  Detroit District Counsel Trial Attorney, has handled thousands 
of  tax matters and has 27 years experience working in the specialized  area 
of Tax Litigation and Disputes. If you require assistance with  a major tax 
dispute, wish to refer a matter, or just need a few  minutes consultation 
over the phone with your specific problem or  question, telephone or e-mail 
us jf@lawyer.com.  Visit our website at www.lawyers.com/falconerolfe.  
Falcone & Rolfe, P.C., 3000 Town Center, Suite 2370, Southfield,  MI 48075. 
(248) 357 6610. Fax (248) 357-6613.
		
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		Transportation  Law
		
		
		
		
		
		
		PAUL M. ROSS, P.C., 2840 East Grand River Avenue, Suite  1, East Lansing, MI 
48823-4911, Phone: (517) 337-7677, FAX: (517)  332-9361, e-mail: 
pross1412@aol.com.  
		
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		Worker's  Compensation
		
		
		
		
		
		
		JOHN M. H ULRICH, IV, Crawforth Mcmanus Tenbrunsel & Ulrich,  999 Haynes 
Street, Suite 245, Birmingham, MI 48009-6702, Toll-free:  (800) 424-4878, 
Phone: (248) 540-1270, FAX: (248) 540-3925. 
		
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		To receive information  on how to place a Fields of Practice listing, contact 
Stacy  Sage or see Advertising  Opportunities on our website.  
		
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		classified  advertising
		
		
		
		
		
		Confidential  Records Destruction
		
		
		
		
		
		
		SHRED-IT.  Confidentiality, Privacy and Document Security are vital in 
today's  environment. SHRED-IT provides solutions for secure destruction  of 
confidential, sensitive and proprietary information, utilizing  a unique, 
mobile, ON-SITE document destruction system. Call 1-800-69-SHRED  or 
1-800-697-4733. E-mail  Eastern Michigan; e-mail  Out state Michigan or visit 
 our website
		
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		Expert  Witness-Building
		
		
		
		
		
		
		EXPERT WITNESS  services  for construction issues. Our cases include issues 
of faulty construction,  failure to disclose, personal injury and ADA. Mr. 
Tyson is a member  of many model code organizations including BOCA, ICBO, 
NFPA and  ASTM. Our attorney clients represent plaintiffs and defendants.  
Rendering independent and unbiased opinions. Ortonville, MI. Phone  (248) 
627-6859.
		
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		RESIDENTIAL  CONSTRUCTION--ABR  Construction Company, Inc. offering expertise 
in all phases of residential  construction related to workmanship, cost, 
time, structural analysis,  civil analysis, and other related problems. 
Contact Jack W. Belkin  member BOCA, ASHI, Bldg. Spec. Inc. licensed builder 
and real estate  broker. (248) 443-4063, cell (248) 867-5042 and fax (248) 
443-4065,  e-mail jwbelkin@mich.com    
		
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		Expert  Witness-Economics Consulting
		
		
		
		
		
		
		ECONOMIC LOSS CALCULATION and litigation support in personal  injury, 
wrongful death and wrongful discharge cases. Over 25 years  experience 
including Chief Economist for the Michigan Department  of Commerce. John F. 
Hanieski, Ph.D., Economics Consulting Services,  LLC, 8583 W. Eaton Hwy., 
Grand Ledge, MI 48837. (517) 627-6968.  E-mail: hanieski.john@acd.net  
website: http://userdata.acd.net/hanieski.john
		
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		Expert  Witness-Forensic & Environmental Geologist
		
		
		
		
		
		
		FORENSIC  and ENVIRONMENTAL GEOLOGIST*Certified Professional Geologist;  29 
years investigating soil and water issues for government and  private 
sectors; deposition and trial experience applicable to cases  involving 
insurance claims, construction accidents, environmental  contamination, 
wetlands, property transactions, malpractice, murder,  rape, etc. For more 
information, contact Robert A. Hayes, (517)  655-8348, or 
www.geoforensics.com
		
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		Expert  Witness-Legal Malpractice
		
		
		
		
		
		
		LEGAL MALPRACTICE-EXPERT  EVALUATION, pre-  and post-litigation analysis, 
written opinions, deposition and trial  testimony in plaintiff originated or 
defendant defended legal malpractice  cases that involve Real Estate and 
Commercial Transactions and Civil  Litigation. 18 years' experience as legal 
malpractice expert. Asher  N. Tilchin, Tilchin, Hall & Reynolds P.C., 31731 
Northwestern  Hwy., Suite 106, Farmington Hills, MI 48334. (248) 855-0995, 
fax  (248) 855-0850. E-mail antilchin@aol.com
		
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		Lawsuit  Financials
		
		
		
		
		
		
		DO MONEY  PROBLEMS caused  by disability force some of your clients to settle 
strong, valuable  cases for pennies on the dollar? A Lawsuit Financial, 
L.L.C. contingent  advance allows you time to obtain the maximum dollar 
possible for  your client's case. Lawsuit Financial, L.L.C., 29777 Telegraph 
Road,  Suite 1310, Southfield, MI 48034. Call (248) 948-1800 or (877) 
377-SUIT.
		
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		Legal  Research
		
		
		
		
		
		
		OPEN online  offers instant and cost effective access to public records. 
Select  from many sources of criminal data, verify social security numbers,  
confirm driving records, find addresses, UCC and incorporation filings,  real 
property records, bankruptcies, liens and judgments. For information  call 
800-935-OPEN (6736), email info@openonline.com,  or visit www.openonline.com
		
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		Office  Space Available
		
		
		
		
		
		
		SOUTHFIELD  LAW OFFICE FOR RENT-Reception, conference, kitchen, photocopier,  
fax, file room; secretary to share. Central location near all major  
expressways for quick access for clientele and courts in the tri-county  
area. Attractive and professional. Call Sandra Maison at (248) 355-9400.   
Ddelong@thompsonmorello.com
		
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		Positions  Available
		
		
		
		
		
		
		ATTORNEY  with exceptional communication and writing skills wanted for 
progressive,  five-attorney, AV-rated, boutique health care law firm in 
downtown  Royal Oak. Dedicated, hard-working, team players looking for 
long-term  career growth should apply. Previous health care and/or corporate  
law experience preferred. Own clientele/book of business a plus.  Excellent 
benefits. Salary commensurate with experience and clientele/book  of 
business, if any. We strive to be the best by hiring the best.  Please 
forward resumes to: Wachler & Associates, P.C., ATTN:  Robert, 210 East Third 
Street #204, Royal Oak, MI 48067.   
		
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		CORPORATE  ATTORNEY*You are invited to join the healthcare team at Borgess  
Health Alliance which was included on the list of 100 Top Hospitals:  
Regional Benchmarks for Success Award for clinical excellence and  efficient 
delivery of care. Under the direction of our General Counsel,  the Corporate 
Attorney serves Borgess Medical Center and all of  its affiliates. We require 
a J.D. degree from an accredited law  school, having graduated in the top 
quartile as well as membership  in the State Bar of Michigan. A minimum of 
three years legal experience  in the areas of risk management, corporate 
compliance, civil litigation  in the defense of medical malpractice 
litigation, or corporate health  law. Previous clinical experience is 
preferred. The ability to analyze  complex regulations and assist in 
implementation of operational  and other changes to comply with such 
regulations and a self starter  with ability to work independently without 
supervision are also  required. 
		  
		
		To learn more,  visit our website at www.borgess.com  for additional 
information. Qualifications can also be submitted  to: BHA Employment, 1521 
Gull Road, Kalamazoo, MI 49048, fax: 616.226.5330.  
		  
		
		Nationally  recognized Cardiac, Orthopedic and Neurological Care Hospital.
		  
		
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		DEARBORN law firm has  a position available for an attorney with 0 - 2 years 
of experience.  Firm concentrates in commercial litigation, divorce, and 
personal  injury. Compensation based on experience/academic record. Position  
includes bonuses, medical insurance, and paid vacation. Send resume  with 
writing sample and salary requirements to Office Manager, 19855  W. Outer 
Drive, Suite 201, Garrison Place West, Dearborn, MI 48124;  fax 313.278.4710. 
 
		
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		ESTABLISHED  MID-SIZED AV Rated Bloomfield Hills litigation firm 
representing  businesses and insurance companies, seeks attorney with 0-3 
years  experience. Litigation experience helpful. Please direct resumes to  
Linda Pillsworth via e-mail: lpillsworth@kallashenk.com or, Facsimile:  (248) 
335-9889, or via regular mail: 43902 Woodward Avenue, Suite  200, Bloomfield 
Hills, MI 48302. NO TELEPHONE CALLS PLEASE.  
		
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		EXECUTIVE DIRECTOR-The  Grand Rapids Bar Association is soliciting 
applications for the position  of Executive Director. The GRBA is a voluntary 
local bar with 1,500  members, a full-time staff of 7, one-half-time position 
and 8 part-time  volunteers. The Executive Director is the chief operating 
officer.  The GRBA includes a Lawyer Referral Service, which will become the  
centerpiece for a new Legal Assistance Center in September 2001. The  GRBA 
has a combined operating budget of $850,000. The Executive Director  also 
oversees, with a committee and the board, the Grand Rapids Bar  Foundation 
with assets of $1 million. The Executive Director is responsible  to a 
seventeen member Board in accord with policies and procedures  adopted by the 
Board. The successful candidate will be a seasoned  executive with a 
demonstrated record of achieving positive results,  including experience in 
the area of fund development. The Executive  Director will exhibit a high 
level of integrity with superior management,  organizational, budgeting, 
personnel, and interpersonal communication  skills. The GRBA offers a 
competitive salary and benefits package.  Applicants are encouraged to submit 
a letter of interest, current  resume, references, and salary requirements to 
Executive Director  Search Committee, c/o Sherrie Parmelee, Smith, Haughey, 
Rice &  Roegge, Calder Plaza Bldg., 250 Monroe NW, Grand Rapids, MI 49503,  
(616) 458-2385, sparmlee@shrr.com  The Grand Rapids Bar Association is an 
Equal Opportunity Employer.    
		
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		FULL-SERVICE,  25 ATTORNEY BLOOMFIELD HILLS firm with national client base,  
seeks a general litigation attorney with labor and employment law  focus. 
Minimum six years experience with strong academic credentials.  Send resume 
to Director of Administration, 39533 Woodward Avenue,  Suite 200, Bloomfield 
Hills, MI 48304.  
		
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		INSURANCE  CLAIMS attorney needed for growing company in pleasant, small  
town environment. 3-5 years experience in claims and/or litigation  
supervision with a property/casualty insurance company or insurance  defense 
firm mandatory. Member of the State Bar of Michigan required.  Send resume to 
jhutchins@hastingsmutual.com  or mail to Hastings Mutual Insurance Co., Attn: 
Human Resources, 404  E. Woodlawn Avenue, Hastings, MI 49058. 
		
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		MICHIGAN MIGRANT LEGAL ASSISTANCE PROJECT, INC., an established  migrant 
legal services program, seeks an Executive Director. Ideal  candidate has 
five years experience in farmworker law, and some administrative  experience. 
MMLAP is a statewide program that brings high impact cases  in state and 
federal courts. Candidate must be, or promptly become,  licensed to practice 
in Michigan, and must be bi-lingual (English/Spanish).  Salary $65,000-DOE, 
excellent benefits. Applications accepted through  June 15, 2001. MMLAP is an 
EOE. Send resume to: Richard Kessler, Search  Committee, c/o MMLAP, 648 
Monroe, N.W., Suite 318, Grand Rapids, MI  49504.  
		
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		PART-TIME  LAWYER FOR HARLEY-DAVIDSON MICHIGAN, INC.*Lawyer needed (15  - 20 
hrs/wk) at busy domestic and international Fortune 500 corporate  trademark 
law practice in Ann Arbor, Michigan. Strong analytical and  writing skills 
and excellent attention to detail are required. This  is a year-round 
position. Please do not apply unless you have an interest  in practicing 
trademark law. No telephone calls, please. Send your  resume to: Ann Jackson, 
Harley-Davidson Michigan, Inc., 315 W. Huron  Street, Suite 400, Ann Arbor, 
Michigan 48103.  
		
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		UNIVERSITY  OF MICHIGAN*The Office of the Vice  President and General Counsel 
of the University of Michigan is seeking  exceptionally qualified applicants 
for an attorney who will provide  advice and counsel on health law matters in 
the areas of managed  care, reimbursement, research and privacy/security. The 
position  requires experience in the above-noted areas. Candidates with 
strong  business acumen-gained through in-house experience or by working  
closely with business clients-will be preferred. Minimum qualifications  
include excellent academic credentials, a law degree from an accredited  law 
school, membership in the Michigan bar or eligibility for admission  based on 
reciprocity, and at least 5 years of relevant experience.  The salary will be 
commensurate with the selected candidate's experience  and employment in the 
public section. Applications will be accepted  until the position if filled, 
but applications should be submitted  promptly to ensure full consideration. 
To apply, please send a cover  letter and resume to: Office of the Vice 
President and General Counsel,  Attention: HEALTH, 4010 Fleming 
Administration Building, Ann Arbor,  Michigan 48109-1340. The University of 
Michigan is an equal opportunity,  affirmative action employer. 
		
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		contacts
		
		
		
		
		
		
		For information  on classified advertising, contact Stacy Sage
		
		For information  on fields of practice listings, contact Stacy  Sage
		
		For unsubscribe  and change of address issues, contact: Carrie  Pickett
		
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