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ACCIDENT FUND v. BAERWALDT

No. G 81-224.

545 F.Supp. 1030 (1982)

ACCIDENT FUND, a Legal Entity Authorized by the Michigan Legislature Pursuant to 1912 PA 10 (First Extra Session) Part V, § 1; 1915 CL 5477, Ward Ellison and Max Grost, individually, Elston-Richard Storage Company and Russell Jameson, individually, Plaintiffs, v. Nancy A. BAERWALDT, Commissioner of Insurance of the State of Michigan, Richard A. Ross, Personnel Director of the State of Michigan, and William S. Ballenger, Director of the Department of Licensing and Regulation of the State of Michigan, Defendants.

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

August 19, 1982.

Attorney(s) appearing for the Case

Theodore W. Swift, David C. Coey, Frank J. Nerat, Jr., Lansing, Mich., for plaintiffs.

Harry G. Iwasko, Jr., Louis Porter, Asst. Attys. Gen., Lansing, Mich., for defendants.

OPINION

ENSLEN, District Judge.

In this case, the Michigan Attorney General has moved the Court for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, positing the following issue for resolution: Is the State Accident Fund an agency or instrumentality of the State of Michigan?

Plaintiffs' Complaint for Injunctive and Declaratory Relief alleges, inter alia, a violation by Defendants of the Employee Retirement Income...

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