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FUTERNICK v. SUMPTER TP.

No. 94-1902.

78 F.3d 1051 (1996)

Sheldon M. FUTERNICK, d/b/a Holiday West Mobile Home Park and d/b/a Holiday Woods Mobile Home Park, Plaintiff-Appellant, v. SUMPTER TOWNSHIP, Helen Teall, Barbara Dudek, Arness Cox and Louis Banotai, Sumpter Township Trustees; Marvin Banotai, Township Supervisor; Paul Johnson, Deputy Supervisor and Township Administrator; Joan Oddy, Township Clerk; John Morgan, Township Treasurer; Michigan Department of Natural Resources, Roland Harmes, Director; Michigan Department of Public Health, Vernice Davis Anthony, Director; Jon Caterino; and Michigan Mobile Home Commission, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 13, 1996.

Rehearing and Suggestion for Rehearing Denied April 25, 1996.

Attorney(s) appearing for the Case

Mark A. Goldsmith (argued and briefed), Honigman, Miller, Schwartz & Cohn, Detroit, MI, for Sheldon Futernick.

Julie McCann-O'Connor (briefed), Christopher T. Koch (argued), O'Connor, DeGrazia & Tamm, Bloomfield Hills, MI, for Sumpter Tp.

John C. Scherbarth, Asst. Attorney Gen. (argued and briefed), Office of the Attorney General, Natural Resources Div., Lansing, MI, for Michigan Dept. of Natural Resources, Michigan Mobile Home Com'n.

R. Phillip Brown (argued and briefed), Office of the Attorney General, Lansing, MI, for the Michigan Dept. of Public Health.

Before: MERRITT, Chief Judge, and CONTIE and BOGGS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 25, 1996.

BOGGS, Circuit Judge.

Sheldon Futernick sued indiscriminately a host of state and local officials involved in regulating two mobile home parks that he owns and operates. He appeals from the district court's order dismissing all of his claims under Fed.R.Civ.P. 12(b)(6). Although we reverse the district court's erroneous decision regarding the Eleventh Amendment immunity of some of the named...

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