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MERCADO v. KINGSLEY AREA SCHOOLS

No. 689-40050 CA.

727 F.Supp. 335 (1989)

Angelita MERCADO, Plaintiff, v. KINGSLEY AREA SCHOOLS/TRAVERSE CITY PUBLIC SCHOOLS ADULT EDUCATION CONSORTIUM; Traverse City Area Public Schools; Kingsley Area Public Schools; Suttons Bay Area Public Schools; Leland Public Schools; Elk Rapids Public Schools; Leonard Barnhart; and Jerry L. Inman, Defendants.

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

November 14, 1989.

Attorney(s) appearing for the Case

Dettmer, Thompson & Parsons by Grant W. Parsons, Read & Sharp by Douglas J. Read, Traverse City, Mich., for plaintiff.

Menmuir, Zimmerman, Kuhn & Bearup by George F. Bearup, Traverse City, Mich., for defendants Traverse City Area Public Schools, Kingsley Area Public Schools, Suttons Bay Area Public Schools and Elk Rapids Public Schools.

OPINION

ENSLEN, District Judge.

In this action, plaintiff Angelita Mercado seeks a declaratory judgment declaring defendant school districts and individuals in violation of the Michigan School Aid Act of 1979 found in Mich.Comp.L. § 388.1708 et seq. ("the Act"). Plaintiff claims 14th Amendment violations, specifically, violations of due process and equal protection rights. Plaintiff seeks an order enjoining defendants from diverting or appropriating...

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