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GRAINGER v. OTTAWA COUNTY, MICHIGAN

No. 23-1230.

90 F.4th 507 (2024)

Frederick GRAINGER, Jr., Plaintiff, Brian Behovitz, Proposed Intervenor-Appellant, v. OTTAWA COUNTY, MICHIGAN, by its Board of Commissioners, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 5, 2024.

Attorney(s) appearing for the Case

ARGUED: Philip L. Ellison , OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, for Appellant. Matthew T. Nelson , WARNER NORCROSS + JUDD, LLP, Grand Rapids, Michigan, for Appellee. ON BRIEF: Philip L. Ellison, OUTSIDE LEGAL COUNSEL PLC, Hemlock, Michigan, E. Powell Miller , THE MILLER LAW FIRM, P.C., Rochester, Michigan, for Appellant. Matthew T. Nelson, WARNER NORCROSS + JUDD, LLP, Grand Rapids, Michigan, for Appellee.

Before: CLAY, GIBBONS, and GRIFFIN, Circuit Judges.

OPINION

Three days after the district court denied Plaintiff Frederick Grainger, Jr.'s motion for class certification based on his inability to serve as a class representative, Brian Behovitz moved to intervene as a new putative class representative. Behovitz now appeals the district court's denial of his motion to...

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