Charter Township of Muskegon v. City of Muskegon
Court of Appeals for the Sixth Circuit
1Opinion of the CourtClay, J., joined by Oberdorfer, D.J.,
SILER, J., (p. 764), delivered a separate opinion concurring in part and dissenting in part.
OPINION
CLAY, Circuit Judge.
Plaintiff, Charter Township of Muske-gon, appeals from the district court’s order entered on November 13, 2000, denying its motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(5), and sua sponte dismissing in its entirety this action brought against Defendant, the City of Muskegon, for lack of subject matter jurisdiction. For the reasons set forth below, we REVERSE the district court’s order as to the lack of subject matter jurisdiction, and REMAND the…
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