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CITY OF DETROIT v. STATE OF MICH.

No. 85-1030.

803 F.2d 1411 (1986)

CITY OF DETROIT, a Michigan municipal corporation, By and Through DETROIT WATER AND SEWERAGE DEPARTMENT, Plaintiff-Appellant, v. STATE OF MICHIGAN, MICHIGAN DEPARTMENT of TRANSPORTATION, COUNTY of WAYNE, Defendant, Wayne County Road Commission, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 21, 1986.

Attorney(s) appearing for the Case

James A. Hourihan (argued), David F. Grady, Hogan & Hartson, Washington, D.C., for defendant-appellee.

Lynn Ferris, Detroit, Mich., Robert Walter (argued), for plaintiff-appellant.

Before ENGEL and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.

ENGEL, Circuit Judge.

The principal issue here is whether the City of Detroit, through the Detroit Water and Sewerage Department, may charge Wayne County Road Commission for a portion of the cost associated with storm water that runs off Wayne County Road Commission roads in the City of Detroit and flows into the City's treatment system. On cross-motions for summary judgment, the district court rejected several theories advanced by the City to support such charges...

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