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BROWN BROTHERS EQUIPMENT CO. v. STATE OF MICHIGAN

Civ. A. No. 5567.

266 F.Supp. 506 (1967)

BROWN BROTHERS EQUIPMENT COMPANY, a Michigan corporation, Plaintiff, v. STATE OF MICHIGAN and Michigan State Highway Commission, Defendants.

United States District Court W. D. Michigan, S. D.

April 7, 1967.

Attorney(s) appearing for the Case

Glassen, Parr, Rhead & McLean, Lansing, Mich., Roland F. Rhead, Lansing, Mich., of counsel, for plaintiff.

Frank J. Kelley, Atty. Gen., by Robert J. Taube, Asst. Atty. Gen., Lansing, Mich., for defendants.

OPINION ON MOTION TO DISMISS

FOX, District Judge.

Plaintiff, a Michigan corporation, claims an agreement between it and the State of Michigan and the Michigan State Highway Commission. It seeks equitable relief from this court against the soverign State of Michigan.

Article XI of the United States Constitution prohibits a suit against a sovereign state in federal courts by either foreign citizens or citizens of other states of the Union. Hans v....

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