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LAKE CARRIERS' ASSOCIATION v. MacMULLAN

Civ. A. No. 36194.

336 F.Supp. 248 (1971)

LAKE CARRIERS' ASSOCIATION, a corporation, et al., Plaintiffs v. Ralph A. MacMULLAN, Individually, and as Director, Michigan Department of Natural Resources, et al., Defendants.

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

July 12, 1971.

Attorney(s) appearing for the Case

Scott H. Elder, Johnson, Branand & Jaeger, Cleveland, Ohio, for plaintiffs; John Arthur Hamilton, Foster, Meadows & Ballard, Detroit, Mich., of counsel.

Frank J. Kelly, Atty. Gen. by Jerome Maslowski and Francis J. Carrier, Asst. Attys. Gen., Lansing, Mich., for defendants.

Robert A. Jenkins, Scholl, Jenkins, Robinson & Stieg, Detroit, Mich., for Dominion Marine Assn., amicus curiae.

Victor G. Hanson, Detroit, Mich., for Seafarers International Union of North America, Great Lakes District, AFLCIO and Maritime Trades Dept., AFLCIO, amicus curiae.

Robert A. Jenkins, Scholl, Jenkins, Robinson & Stieg, Detroit, Mich., and Nicholas J. Healy, Healy & Baillie, and Gordon W. Paulsen, Haight, Gardner, Poor & Havens, New York City, for American Institute of Merchant Shipping and others, amici curiae.

Stanley Lubin, Detroit, Mich., for International Union, UAW, amicus curiae.

Before EDWARDS, Circuit Judge, and KEITH and PRATT, District Judges.

MEMORANDUM OPINION

PHILIP PRATT, District Judge:

Plaintiffs in this proceeding are the Lake Carriers' Association and 19 of its 21 member companies who own and operate Great Lakes cargo vessels. Defendants are the Attorney General of the State of Michigan, the Michigan Department of Natural Resources and its Director and the Michigan Water Resources Commission and its Executive Secretary.

The complaint seeks a declaratory judgment holding that the...

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