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MICHIGAN v. HERMAN

No. 5:98CV-16.

81 F.Supp.2d 840 (1998)

State of MICHIGAN; Douglas Rothwell, Director, Michigan Jobs Commission; Kathleen Wilbur, Director, Department of Consumer and Industry Services, Plaintiffs, v. Alexis M. HERMAN, Secretary of Labor, United States Department of Labor; Raymond J. Uhalde, Acting Assistant Secretary, United State Department of Labor Employment and Training Administration; Melvin J. Howard, Acting Regional Administrator, United States Department of Labor, Defendants.

United States District Court, W.D. Michigan, Southern Division.

May 15, 1998.

Attorney(s) appearing for the Case

R. John Wernet, Jr., Asst. Atty. Gen., Frank J. Kelley, Atty. Gen., Social Services Div., Lansing, MI, James Richard Viventi, Frank J. Kelley, Atty. Gen., Okemos, MI, for Plaintiffs.

Edith A. Landman, Asst. U.S. Atty., Michael H. Dettmer, U.S. Atty., Grand Rapids, MI, Margaret S. McCarty, U.S. Dept. of Justice, Civ. Div., Wahsington, DC, Sandra Schrailbman, U.S. Dept. of Justice, Civ. Div., Washington, DC, for Defendants.

Eric E. Doster, Foster, Swift, Collins & Smith, PC, Lansing, MI, for amicus.

OPINION

ROBERT HOLMES BELL, District Judge.

This case, which arises under the Wagner-Peyser Act, 29 U.S.C. § 49 et seq., is currently before the Court on the parties' cross-motions for summary judgment and on Defendants' motion to dismiss for lack of jurisdiction.

I.

On February 2, 1998, the State of Michigan1 filed a complaint for declaratory and injunctive relief and for mandamus.

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