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ACCIDENT FUND v. BAERWALDT

No. G 81-224.

579 F.Supp. 724 (1984)

ACCIDENT FUND, a Legal Entity Authorized by the Michigan Legislature Pursuant to 1912 PA10 (First Extra Session) Part V, Sec. 1; 1915 CL 5477, Ward Ellison and Max Grost, individually, Elston-Richards Storage Company and Russell Jameson, individually, Plaintiffs, v. Nancy A. BAERWALDT, Commissioner of Insurance of the State of Michigan; Silveria O. Kanoyton, Personnel Director of the State of Michigan; John Heueni, Director of the Department of Licensing and Regulation of the State of Michigan; Loren Monroe, Treasurer of the State of Michigan; Gerald Miller, Director of Management and Budget of the State of Michigan, and Michigan Civil Service Commission, Defendants.

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

January 24, 1984.

Attorney(s) appearing for the Case

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

Harry G. Iwasko, Jr., Philip J. Smith, Robert Ianni, Asst. Attys. Gen., Lansing, Mich., for defendants.

OPINION ON PLAINTIFFS' MOTION FOR INJUNCTION PENDING APPEAL

ENSLEN, District Judge.

This action involves a Complaint by Plaintiffs for injunctive and declaratory relief against the alleged deprivation, under color of state law, of their rights, privileges, and immunities under the United States Constitution and federal statutes. Pivotal to a resolution of these claims is the issue of whether Plaintiff Accident Fund is an agency or instrumentality of the...

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