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CHARTER TP. OF MUSKEGON v. CITY OF MUSKEGON

No. 00-2472.

303 F.3d 755 (2002)

CHARTER TOWNSHIP OF MUSKEGON, Plaintiff-Appellant, v. CITY OF MUSKEGON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 19, 2002.

Attorney(s) appearing for the Case

Philip A. Grashoff, Jr. (argued and briefed), Varnum, Riddering, Schmidt & Howlett, Grand Rapids, MI, for Appellant.

G. Thomas Johnson, Parmenter O'Toole (argued and briefed), Muskegon, MI, for Appellee.

Before SILER and CLAY, Circuit Judges; OBERDORFER, District Judge.

CLAY, J., delivered the opinion of the court, in which OBERDORFER, D.J., joined. SILER, J., (p. 764), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Plaintiff, Charter Township of Muskegon, appeals from the district court's order entered on November 13, 2000, denying its motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(5), and sua sponte dismissing in its entirety...

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