CHRYSLER CORP. v. TOWNSHIP OF STERLING, MACOMB CTY., M.

Nos. 18393, 18399.

410 F.2d 62 (1969)

CHRYSLER CORPORATION, a Delaware Corporation, Plaintiff-Appellee, United States of America, Plaintiff-Intervenor-Appellee, v. TOWNSHIP OF STERLING, MACOMB COUNTY, MICHIGAN, William Kerner, its Treasurer, Defendants-Appellants. CHRYSLER CORPORATION, a Delaware Corporation, Plaintiff-Appellee, United States of America, Plaintiff-Intervenor-Appellee, v. TOWNSHIP OF STERLING, MACOMB COUNTY, MICHIGAN, William Kerner, its Treasurer, County of Macomb, a County of the State of Michigan, and Utica Community School District, a School District of the State of Michigan, Defendants-Appellants. CHRYSLER CORPORATION, a Delaware Corporation, Plaintiff-Appellant, United States of America, Plaintiff-Intervenor-Appellant, v. TOWNSHIP OF STERLING, MACOMB COUNTY, MICHIGAN, William Kerner, its Treasurer, County of Macomb, a County of the State of Michigan, and Utica Community School District, a School District of the State of Michigan, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

March 31, 1969.


Attorney(s) appearing for the Case

Berrien C. Eaton, Jr., Detroit, Mich., for Township of Sterling, Macomb Co., Mich., Miller, Canfield, Paddock & Stone, Berrien C. Eaton, Jr., Wolfgang Hoppe, Samuel J. McKim, III, Robert E. Gilbert, Detroit, Mich., on brief.

Patrick J. Ledwidge, Detroit, Mich., for Chrysler Corp., Dickinson, Wright, McKean & Cudlip, Patrick J. Ledwidge, Herbert G. Sparrow, III, Detroit, Mich., on brief.

Stuart R. Smith, Dept. of Justice, Washington, D. C., for United States, Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, William A. Friedlander, Stuart A. Smith, Attys., Dept. of Justice, Washington, D. C., Lawrence Gubow, U. S. Atty., Detroit, Mich., of counsel.

William D. Dexter, Lansing, Mich., for amicus curiae — Dept. of Treasury of Michigan, Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., on brief.

Before WEICK, Chief Judge, and PHILLIPS and COMBS, Circuit Judges.


PHILLIPS, Circuit Judge.

The Court is asked in these consolidated cases to declare unconstitutional a Michigan statute which has been upheld twice by the Supreme Court of the United States and three times by the Supreme Court of Michigan.1

The statute in question is Mich.Comp. Laws 1948, §§ 211.181, 211.182, Pub. Acts 1953, No. 189, M.S.A. (1960) §§ 7.7(5) and 7.7(6). It is referred to in this opinion as "the...

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