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DUBAY v. WELLS

No. 06-2107.

506 F.3d 422 (2007)

Matthew DUBAY, Plaintiff-Appellant, v. Lauren WELLS, an individual, Saginaw County Prosecuting Attorney's Office, by and through Michael D. Thomas, Prosecutor, Defendants-Appellees, Michael A. Cox, Attorney General for the State of Michigan, Intervenor-Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 6, 2007.

Attorney(s) appearing for the Case

ARGUED: Thomas J. Plachta, Plachta Law Offices, Mt. Pleasant, Michigan, for Appellant. Christina M. Grossi, Gilbert, Smith & Borrello, Saginaw, Michigan, Joel D. McGormley, Michigan Department of Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Thomas J. Plachta, Plachta Law Offices, Mt. Pleasant, Michigan, for Appellant. Christina M. Grossi, L. William Smith, Gilbert, Smith & Borrello, Saginaw, Michigan, Joel D. McGormley, Michigan Department of Attorney General, Lansing, Michigan, for Appellees.

Before CLAY and GIBBONS, Circuit Judges; HOOD, District Judge.

OPINION

CLAY, Circuit Judge.

Plaintiff Matthew Dubay ("Dubay") appeals from the district court's dismissal of his case pursuant to Federal Rule of Civil Procedure 12(b)(6), and its award of attorney fees to Defendants Lauren Wells ("Wells"), Saginaw County Prosecuting Attorney's Office (the "County"), and Intervenor-Defendant Michael A. Cox, Attorney General of the State of Michigan ("Attorney General"). After...

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