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DETROIT EDISON CO. v. EAST CHINA TOWNSHIP SCH. DIST. NO. 3

No. 17004.

378 F.2d 225 (1967)

The DETROIT EDISON COMPANY, Ralph Wertz and Herbert Knack, Plaintiffs-Appellants, v. EAST CHINA TOWNSHIP SCHOOL DISTRICT NO. 3, Donald MacDonald, Leland Sass, Mary Phillips, Milton J. Gearing, Edwin H. Lindow, Malcolm G. Simons and William Hopson, Individually and as Members of the Board of Education of said School District, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

June 2, 1967.

Attorney(s) appearing for the Case

Prentiss M. Brown, St. Ignace, Mich., and Richard Ford, Detroit, Mich., for appellants, Fischer, Sprague, Franklin & Ford, Harvey A. Fischer, Richard Ford, Detroit, Mich., on the brief.

Kenneth J. Stommel, Port Huron, Mich., for appellees, Miller, Canfield, Paddock & Stone, John H. Nunneley, Stratton S. Brown, Gilbert E. Gove, Detroit, Mich., Walsh, O'Sullivan, Stommel & Sharp, Norman D. Beauchamp, Port Huron, Mich., on the brief.

Before PHILLIPS and PECK, Circuit Judges, and CECIL, Senior Circuit Judge.

JOHN W. PECK, Circuit Judge.

Plaintiffs-appellants sought a declaration pursuant to 28 U.S.C. § 2201 that the annexation of two larger school districts to the school district in which they owned property violated the Fourteenth Amendment of the federal constitution, and that the assumption of the bonded indebtedness of the two annexed school districts by the combined district violated both the federal constitution and state law.

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