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SKATEMORE, INC. v. WHITMER

No. 21-2985.

40 F.4th 727 (2022)

SKATEMORE, INC., a Michigan corporation dba Roll Haven Skating Center; Slim's Rec, Inc., a Michigan corporation dba Spartan West Bowling Center/Beamers Restaurant; MR. K Enterprises, Inc., a Michigan corporation dba Royal Scot Golf & Bowl; M.B. and D. LLC, a Michigan limited liability company dba Fremont Lanes; R2M, LLC, a Michigan limited liability company dba Spectrum Lanes & Woody's Press Box, Plaintiffs-Appellants, v. Gretchen WHITMER, in her official capacity as Governor of the State of Michigan; Robert Gordon, in his official capacity as Director of the Michigan Department of Health and Human Services; Michigan Department of Health and Human Services, a Michigan Administrative Agency, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 19, 2022.

Attorney(s) appearing for the Case

ARGUED: Stephen P. Kallman , KALLMAN LEGAL GROUP, PLLC, Lansing, Michigan, for Appellants. Daniel J. Ping , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees. ON BRIEF: Stephen P. Kallman , David A. Kallman , KALLMAN LEGAL GROUP, PLLC, Lansing, Michigan, for Appellants. Daniel J. Ping , Darrin F. Fowler , Kyla Barranco , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

Before: CLAY, GRIFFIN and WHITE, Circuit Judges.

OPINION

Plaintiffs Skatemore, Inc., Slim's Rec, Inc., Mr. K Enterprises, Inc., M.B. and D. LLC, and R2M, LLC, operators of bowling alleys and roller-skating rinks in Michigan, sued Michigan Governor Gretchen Whitmer, former Michigan Department of Health and Human Services ("MDHHS") Director Robert Gordon, and the MDHHS...

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