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TOWNSHIP OF BENTON v. COUNTY OF BERRIEN

Nos. 77-1689 and 77-1690.

570 F.2d 114 (1978)

The TOWNSHIP OF BENTON, City of Benton Harbor and Benton Harbor Area Schools, Plaintiffs-Appellees, v. COUNTY OF BERRIEN, Defendant-Appellant, Economic Development Administration, Defendant. TOWNSHIP OF BENTON, City of Benton Harbor and Benton Harbor Area Schools, Plaintiffs-Appellees, v. ECONOMIC DEVELOPMENT ADMINISTRATION, Defendant-Appellant, County of Berrien, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 8, 1978.

Attorney(s) appearing for the Case

John C. Bruha, John A. Smietanka, St. Joseph, Mich., Morton Hollander, Neil H. Koslowe, Appellate Section, Civil Division, Dept. of Justice, Washington, D. C., Frank S. Spies, U. S. Atty., Robert C. Greene, Grand Rapids, Mich., for defendant-appellant.

Thomas N. Robinson, Jr., Robinson, Ford & Swanson, Benton Harbor, Mich., John D. Tully, Eugene E. Smary, Warner, Norcross & Judd, Grand Rapids, Mich., Yvonne Hughes, Benton Harbor, Mich., for plaintiffs-appellees.

Before CELEBREZZE and MERRITT, Circuit Judges, and CECIL, Senior Circuit Judge.

CELEBREZZE, Circuit Judge.

This appeal is taken from a summary judgment in favor of local governmental units in Berrien County, Michigan, which found certain regulations adopted by Appellant Economic Development Administration (EDA) to be arbitrary and capricious and which enjoined distribution of funds pursuant to said regulations. Appellant County of Berrien (County) argues that summary judgment was not proper and that the District Court erred on the merits. (No...

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