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O'CONNOR v. EUBANKS

No. 22-1780.

83 F.4th 1018 (2023)

Dennis O'CONNOR, and all those similarly situated, Plaintiff-Appellant, v. Rachael EUBANKS, in her personal capacity; Terry Stanton, in his personal capacity; State of Michigan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 6, 2023.

Attorney(s) appearing for the Case

ON BRIEF: Philip L. Ellison , OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, for Appellant. James A. Ziehmer , Brian McLaughlin , B. Thomas Golden , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

The court issued a PER CURIAM opinion. THAPAR, J. (pp. 1024-29), delivered a separate concurring opinion.

OPINION

When Michigan took custody of Dennis O'Connor's property under its unclaimed property laws, it did not acquire title outright. As a result, O'Connor retained certain rights, including those to just compensation and pre-deprivation process. But once O'Connor filed for compensation, a dispute over these rights arose. Michigan...

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