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BARNES v. BOARD OF TRUSTEES, MICHIGAN VETERANS TRUST FUND

No. G-166-71 C.A.

369 F.Supp. 1327 (1973)

Donald BARNES, Individually and on behalf of all other persons similarly situated, Plaintiff, Albert Boyd, Individually and on behalf of all other persons similarly situated, Plaintiff-Intervenor, v. BOARD OF TRUSTEES, MICHIGAN VETERANS TRUST FUND, Governmental Body of the State of Michigan Created Pursuant to MSA 4.1064 et seq., Defendants.

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

December 21, 1973.

Attorney(s) appearing for the Case

William L. Coash, Battle Creek, Mich., for plaintiff.

Rod McGillis, Asst. Atty. Gen., Lansing, Mich., for defendants.

Before PHILLIPS, Chief Circuit Judge, FOX, Chief District Judge, and ENGEL, District Judge.

OPINION AND ORDER

FOX, J.

This suit is a challenge to the constitutionality of a durational residency requirement. This requirement is set forth in M.C.L.A. § 35.602, and it specifies that a person must be a resident of Michigan for five years to qualify for aid from the Michigan Veterans Trust Fund. That Fund is a state fund established by M.C.L.A. § 35.601. The plaintiffs ask that the Fund's durational residency requirement be declared unconstitutional...

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