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MICHIGAN PARALYZED VETERANS OF AMERICA v. COLEMAN

Civ. No. 5-71114.

451 F.Supp. 7 (1977)

MICHIGAN PARALYZED VETERANS OF AMERICA, a Michigan non-profit Corporation, et al., Plaintiffs, v. William COLEMAN, Jr., Secretary of Transportation, et al., Defendants.

United States District Court, E. D. Michigan, S. D.

November 3, 1977.

Attorney(s) appearing for the Case

Sheldon Wachler, Southfield, Mich., and Barry C. Brown, East Lansing, Mich., for plaintiffs.

James K. Robinson, U. S. Atty., and Thomas Woods, Asst. U. S. Atty., Detroit, Mich., for the federal defendants Secretary of Transportation, Urban Mass Transportation Administrator, and General Services Administrator.

Frank J. Kelley, Atty. Gen. of Michigan, Lansing, Mich., and Robert L. Krause, Asst. Atty. Gen., Detroit, Mich., for defendant Director of Michigan Department of Highways and Transportation.

Walter H. Clements, and Dickinson, Wright, McKean, Cudlip & Moon, Detroit, Mich., for defendants Chairman and General Manager, Southeastern Michigan Transit Authority.

W. Mack Faison, Miller, Canfield, Paddock & Stone, Detroit, Mich., for defendants Conrad Mallett and Michael Glusak, Southeast Michigan Congress of Governments.

Roger E. Craig, Corp. Counsel, and William Dietrich, Asst. Corp. Counsel, Detroit, Mich., for defendant Mayor Coleman Young of the City of Detroit, Michigan.

OPINION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND ALLOWING PLAINTIFFS TO AMEND THEIR COMPLAINT

KEITH, Chief Judge.

The federal defendants have moved, in a motion joined in by the state and municipal defendants, to dismiss the action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted, or, in the alternative, for summary judgment pursuant to Rule 56 on the ground...

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