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EBI-DETROIT, INC. v. CITY OF DETROIT

No. CIV. 06-14452.

469 F.Supp.2d 464 (2006)

EBI-DETROIT, INC., Plaintiff, v. CITY OF DETROIT, Detroit Water and Sewerage Department, Gary Fujita, an individual, Victor Mercado, an individual, and Kwame M. Kilpatrick, individually and in his fiduciary capacity as Mayor of Detroit, Defendants.

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

December 6, 2006.

Attorney(s) appearing for the Case

D. Douglas McGaw, Poling, McGaw, Troy, MI, for Plaintiff.

Lisa A. Brown, Mark D. Jacobs, Dykema Gossett, Detroit, MI, Marilyn A. Peters, Dykema Gossett, Bloomfield Hills, MI, for Defendants.

OPINION AND ORDER DENYING MOTION TO REMAND

FEIKENS, District Judge.

Plaintiff moves for remand of this case to state court, alleging that there is no issue of federal law. I find that there is a determinative issue of federal law, and therefore I DENY the motion to remand.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2006, Plaintiff EBI-Detroit, filed suit against the above Defendants in state court, alleging a number...

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