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MACENE v. MJW, INC.

No. 90-2352.

951 F.2d 700 (1991)

Richard MACENE, on his own behalf and on behalf of all other shareholders of MJW, Inc., a Michigan Corporation, Plaintiff-Appellant, v. MJW, INC., a Michigan Corporation, Defendant, County of Wayne, a Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 12, 1991.

Attorney(s) appearing for the Case

Richard Macene, pro se.

Gregory D. Shulman (argued and briefed), Warren, Mich., for plaintiff-appellant.

Thomas A. Neenan (argued and briefed), Wayne County, Asst. Corporate Counsel, Detroit, Mich., for defendant and defendant-appellee.

Before GUY and BOGGS, Circuit Judges and McRAE, Senior District Judge.

BOGGS, Circuit Judge.

Plaintiff Richard Macene filed this appeal from a grant of summary judgment to the defendant, Wayne County. Macene was a minority shareholder in the now-defunct MJW, Inc. ("MJW"), a former Michigan corporation. Macene brought this derivative lawsuit under 42 U.S.C. § 1983 to enforce the rights of the dissolved corporation.

MJW had a license to operate a ten-acre landfill in Sumpter Township, Wayne County, Michigan. The Michigan Department...

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