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CITY OF DETROIT, ETC. v. STATE OF MICH.

Civ. A. No. 81-74116.

543 F.Supp. 220 (1982)

CITY OF DETROIT, a Michigan Municipal Corporation, By and Through DETROIT WATER AND SEWERAGE DEPARTMENT, Plaintiffs, v. STATE OF MICHIGAN, Michigan State Department of Transportation, County of Wayne and Wayne County Road Commission, Defendants.

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

June 4, 1982.

Attorney(s) appearing for the Case

Darryl Alexander, Detroit, Mich., for City of Detroit.

Lawrence A. Schendel, Detroit, Mich., James A. Hourihan, John R. Gerstein, John S. Stanton, Washington, D. C., for Wayne County Road Com'n.

David L. Balas, Asst. Atty. Gen., Lansing, Mich., for State of Mich. and Mich. Dept. of Transp.

OPINION AND ORDER DENYING MOTION FOR REHEARING

FEIKENS, Chief Judge.

On May 17, 1982, I issued an opinion and order addressing the motions of both defendants to dismiss for want of jurisdiction. By that order I retained the claims against the County based on my ancillary subject matter jurisdiction as receiver of the DWSD. I also dismissed the claims against the State of Michigan and its Department of Transportation since I found that the Eleventh Amendment...

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