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COMMODITIES EXPORT v. DETROIT INTERN. BRIDGE CO.

No. 11-1758.

695 F.3d 518 (2012)

COMMODITIES EXPORT COMPANY, Plaintiff-Appellee, v. DETROIT INTERNATIONAL BRIDGE CO., Defendant/Cross-Defendant-Appellant, City of Detroit, Defendant-Appellee, United States of America, Defendant/Cross-Plaintiff-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 24, 2012.

Attorney(s) appearing for the Case

ARGUED: Robert A. Sedler , Detroit, Michigan, for Appellant. Eric B. Gaabo , City of Detroit Law Department, Detroit, Michigan, Kurt Kastorf , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Michael A. Nedelman , Nedelman Legal Group, PLLC, Farmington Hills, Michigan, Craig L. John , Craig L. John PLLC, Plymouth, Michigan, for Appellant. Jennifer Scheller Neumann , United States Department of Justice, Washington, D.C., Eric B. Gaabo , City of Detroit Law Department, Detroit, Michigan, for Appellees. William H. Golden , Goodman & Hurwitz PC, Detroit, Michigan, for Amici Curiae.

Before: BOGGS and McKEAGUE, Circuit Judges; and WATSON, District Judge.

OPINION

BOGGS, Circuit Judge.

The Michigan Supreme Court, in a unanimous 2008 decision, held that the Detroit International Bridge Company was immune from the City of Detroit's zoning ordinances because it was a federal instrumentality for the limited purpose of facilitating commerce over the Ambassador Bridge, which connects Detroit, Michigan to Ontario, Canada. The United States was not a party to this Michigan litigation. Less than one year later, Commodities...

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