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MONKS v. MARLINGA

No. 90-1323.

923 F.2d 423 (1991)

Bruce MONKS and Michael Smigulec, Plaintiffs, Frederick Balkwill; Margo Balkwill; and the Estate of Leo Russ, by Serena Russ, Personal Representative, Plaintiffs-Appellants, v. Carl MARLINGA, in his capacity as Prosecuting Attorney for Macomb County; and the Macomb County Board of Commissioners, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 8, 1991.

Rehearing Denied February 6, 1991.

Attorney(s) appearing for the Case

Glen N. Lenhoff, David A. Wecker (argued), Flint, Mich., for plaintiffs-appellants.

Jeffrey G. Heuer, Melanie T. LaFave (argued), Jennifer Anderson, Jaffe, Snider, Raitt & Heuer, Detroit, Mich., George E. Brumbaugh, Jr., County of Macomb, Asst. Corp. Counsel, Mt. Clemens, Mich., for defendants-appellees.

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

PER CURIAM.

Appellants Frederick Balkwill, Margo Balkwill, and the Estate of Leo Russ appeal four rulings of the district court: (1) the Rule 12(b)(6) dismissal of the appellants' claim that Carl Marlinga discharged the Balkwills and Russ "in substantial part" because they were "active in union activities," (2) the grant of summary judgment against appellants on their claim that Marlinga discharged them "in substantial part" because of their political affiliations...

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