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MEADE TP. v. ANDRUS

No. 80-1405.

695 F.2d 1006 (1982)

MEADE TOWNSHIP, Empire Township, Sweetwater Township, Glen Arbor Township, Lake Township, Trout Township, Michigan Townships Association, Plaintiffs-Appellants, v. Cecil D. ANDRUS, Counties of: Alcona, Alger, Baraga, Benzie, Chippewa, Crawford, Delta, Gogebic, Houghton, Iosco, Iron, Keweenaw, Lake Leelanau, Mackinac, Manistee, Marquette, Mason, Mecosta, Monroe, Montcalm, Muskegon, Newaygo, Oceana, Ogemaw, Ontonagon, Oscoda, St. Clair, Schoolcraft, Wexford and Michigan Association of Counties, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 20, 1982.

As Amended on Denial of Rehearing March 4, 1983.

Attorney(s) appearing for the Case

John H. Bauckham and Kenneth C. Sparks (argued), Bauckham, Reed, Long, Schaefer & Travis, Kalamazoo, Mich., for plaintiffs-appellants.

Paul E. Braunlich, Monroe, Mich., for Monroe.

Anthony A. Monton, William F. Hanna, Hart, Mich., for Oceana.

Keith J. Schuiteman, Pros. Atty., White Cloud, Mich., for Newaygo.

Martin Holmes, Ludington, Mich., for Mason.

Eugene G. Wanger (argued), Lansing, Mich., for remaining counties.

James S. Brady, U.S. Atty., Grand Rapids, Mich., Lyle K. Rising (argued), Dept. of Interior, Denver, Colo., for federal defendants.

James W. Moorman, Asst. Atty. Gen., Robert L. Klarquist, Nancy B. Firestone, Attys., Dept. of Justice, Washington, D.C., for Secretary of the Interior.

Before LIVELY and MARTIN, Circuit Judges, and BROWN, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

This appeal requires us to decide whether certain regulations promulgated by the Secretary of the Interior conflict with the governing statute, the Payments in Lieu of Taxes Act, 31 U.S.C. §§ 1601-1607. Pursuant to the challenged regulation, the Secretary determined that counties were the only units of local government in the State of Michigan eligible to receive federal funds under the Act. In this action for...

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