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United States of America v Gresham, (USD-UNP, 5/1/1992; RB #1544)


United States District Court for the Western District of Michigan, Southern Division; Docket No. l:91CV-698; 
Honorable Robert Holmes Bell; Unpublished
Official Federal Reporter Citation:  Not Applicable; Link to Opinion alt   

General / Miscellaneous [§3135]

Legislative Purpose and Intent   

In this written Opinion by Judge Bell, the United States District Court held that the tort abrogation provisions of §3135 of the Michigan No-Fault Statute did not apply to the United States Government, when the federal government sued a Michigan citizen for auto accident damage to a government vehicle.  

The court relied upon the Sixth Circuit decision in US v Ferguson, 727 F2d 555 (CA 6,1984) as controlling authority. Under the Ferguson case, the United States Government is exempt from the effect of the Michigan No-Fault Act and can maintain a negligence action against the defendant premised upon federal common law.  

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