INTERN. UNION v. MICHIGAN EMPLOYMENT SEC.

Civ. A. No. 74-72964.

517 F.Supp. 12 (1980)

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW, Victor Arteaga and Josefa Arteaga, for themselves and for their minor children, Rolando Arteaga, Daniel Arteaga, John Arteaga and Michael Arteaga, Willie F. Conner and Lucy Conner, for themselves and for their minor children, Ladonna Conner, Deshawn Conner and Elwanda Conner, Albert Girgen and Jane A. Platt, on behalf of themselves and on behalf of other employees and their dependents similarly situated, Plaintiffs v. MICHIGAN EMPLOYMENT SECURITY COMMISSION (MESC), S. Martin Taylor, Director of MESC, Walter Campbell, Frank C. Padzieski, Alex Fuller, Raymond M. Lyons, and Roy Levy Williams, Members of MESC, Garfield Geddis, Chief Referee of the MESC, The Referee Section of the MESC, William J. McBrearty, Gladys Johnson and Gerard Peplowski, Members of the Appeal Board of the MESC, and The Appeal Board of the MESC, and the successors in office of all of said agencies and persons, Defendants.

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

As Amended January 19 and January 20, 1981.


Attorney(s) appearing for the Case

Jordan Rossen, Marilyn M. Mosier, John A. Fillion, Marley S. Weiss, M. Jay Whitman, Edwin G. Fabre, Leonard R. Page (UAW), Detroit, Mich., Jeanne Mirer, Wayne County Neighborhood Legal Services, Detroit, Mich., for plaintiffs.

Frank Kelley, Atty. Gen., Felix League, Asst. Atty. Gen., George Blagy, Asst. Atty. Gen., for State of Michigan, Michael Kelly, Detroit, Mich., for Chrysler.

Portia Y. T. Hamlar, Detroit, Mich., amicus Chrylser.

James A. Brown, Kermit G. Bailer, Dearborn, Mich., for Ford Motor Co.

Charlene Snow, Detroit, Mich., for Mich. Legal Services.

Jeanne Mirer, Detroit, Mich., for Center for Urban Law.


MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' THIRD MOTION FOR SUMMARY JUDGMENT

JULIAN ABELE COOK, Jr., District Judge.

The Plaintiffs, through this class action, challenge the validity of § 421.62(b) of the Michigan Compiled Laws, and more popularly known as the Michigan Unemployment Compensation Act (hereinafter "Act"), contending that it impermissibly conflicts with 42 U.S.C. § 503(a), Title III, "Grants to States for Unemployment Compensation...

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