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TESMER v. GRANHOLM

Nos. 00-1824, 00-1845.

333 F.3d 683 (2003)

John Clifford TESMER; Charles Carter; and Alois Schnell, on behalf of all similarly situated individuals; Arthur M. Fitzgerald; and Michael D. Vogler, Plaintiffs-Appellees, v. Jennifer M. GRANHOLM, Attorney General, Defendant, Judge John F. Kowalski; Judge William A. Crane; and Judge Lynda L. Heathscott, in their official capacities, individually and as representatives of a class of similarly situated circuit court judges, Defendants-Appellants, Judge Dennis C. Kolenda, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 17, 2003.

Attorney(s) appearing for the Case

Michael J. Steinberg, Kary L. Moss, American Civil Liberties Union Fund of Michigan, Detroit, MI, David A. Moran (argued and briefed), Wayne State University, Detroit, MI, Mark Granzotto (briefed), Royal Oak, MI, for Plaintiff-Appellees.

Judy E. Bregman (argued and briefed), Bregman & Welch, Grand Haven, MI, for Appellants.

Before MARTIN, Chief Circuit Judge; BOGGS, NORRIS, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, and ROGERS, Circuit Judges.

BOYCE F. MARTIN, Jr., Chief Judge, delivered the opinion of the court, in which BOGGS, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, JJ., joined. ROGERS, J. (pp. 704-712), delivered a separate opinion concurring in part and dissenting in part, in which SILER, BATCHELDER, and GIBBONS, JJ., joined. ALAN E. NORRIS, J. (pp. 712-717), delivered a separate dissenting opinion, in which SILER, BATCHELDER, and GIBBONS, JJ., joined.

OPINION

BOYCE F. MARTIN, JR., Chief...

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