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MASON AND DIXON LINES INC. v. STEUDLE

Nos. 11-1183, 11-1186.

683 F.3d 289 (2012)

The MASON AND DIXON LINES INCORPORATED; Universal Am-Can Ltd.; Mason Dixon Intermodal Inc., Plaintiffs-Appellants (11-1183), E.L. Hollingsworth & Co., d.b.a. Chieftan Contract Services; Churchill Transportation Inc.; Superior Global Inc., Intervenor-Plaintiffs-Appellants (11-1186), v. Kirk T. STEUDLE; Ted B. Wahby, Defendants-Appellees, Detroit International Bridge Co., Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 26, 2012.

Attorney(s) appearing for the Case

ARGUED: Daniel C. Sullivan , Sullivan, Hincks & Conway, Oak Brook, Illinois, Michael J. Leavitt , Sullivan & Leavitt, Northville, Michigan, for Appellants. LuAnn Cheyne Frost , Office of the Michigan Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Daniel C. Sullivan , John Conway , Sullivan, Hincks & Conway, Oak Brook, Illinois, John W. Bryant, Dean & Fulkerson, P.C., Troy, Michigan, Michael J. Leavitt , Martin J. Leavitt , Sullivan & Leavitt, Northville, Michigan, Kevin J. Plagens , Kopka Pinkus Dolin & Eads PLC, Farmington Hills, Michigan, Eric A. Parzianello , Beals Hubbard, PLC, Farmington Hills, Michigan, for Appellants. LuAnn Cheyne Frost , Michael J. Dittnber , Robert L. Mol , Office of the Michigan Attorney General, Lansing, Michigan, for Appellees.

Before: MERRITT and MOORE, Circuit Judges; and MAYS, District Judge.

OPINION

MERRITT, Circuit Judge.

The basic question before us is whether the State of Michigan acts in a proprietary capacity as a "market participant" rather than as a government regulator when it contracts with a private bridge company to divide up the work of building new ramps and roads that will connect various interstates with the Ambassador Bridge. We hold that, for purposes of the Commerce Clause and the plaintiffs' statutory claims, the State is...

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