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THIOKOL CORP., STATE OF MICHIGAN, REVENUE DIV. v. DEPARTMENT OF TREASURY

No. 92-1611.

987 F.2d 376 (1993)

THIOKOL CORPORATION; Morton International, Inc., as successors through corporate reorganization to Morton Thiokol, Inc.; and Bee Chemical Company, Plaintiffs-Appellants, v. DEPARTMENT OF TREASURY, STATE of MICHIGAN, REVENUE DIVISION; Douglas B. Roberts, in his official capacity as Treasurer of the State of Michigan; and Thomas M. Hoatlin, in his official capacity as Commissioner of Revenue of the State of Michigan, Defendants-Appellees, Robert Bowman, formerly Treasurer of the State of Michigan in his official capacity; and Melvin Van Vorst, former Acting Commissioner of Revenue of the State of Michigan, in his official capacity, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided March 5, 1993.

Rehearing Denied May 3, 1993.

Attorney(s) appearing for the Case

James H. Geary (argued and briefed), Howard & Howard, Kalamazoo, MI, for plaintiffs-appellants.

Thomas L. Casey, Office of Atty. Gen., Appellate Div., Steven D. Hughey (argued and briefed), Russell E. Prins, Office of the Atty. Gen. of Mich., Lansing, MI, for defendants-appellees.

Before: KENNEDY and GUY, Circuit Judges; and BROWN, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Plaintiffs appeal an order dismissing their complaint in this ERISA action challenging various provisions of the Michigan Tax Code. On January 16, 1990, Thiokol Corporation, Morton International, Inc. and Bee Chemical Company ("plaintiffs"), all Michigan corporations, sued the Revenue Division of the Michigan Department of Treasury, Douglas B. Roberts, in his official capacity as Treasurer of the State of Michigan and Thomas M. Hoatlin, in...

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