897 F. 2d 529 - Montante v. J Blanchard

Plaintiff-appellant, G. Anthony Montante (Montante), has appealed from the district court's grant of summary judgment in favor of the defendants-appellees, James J. Blanchard, et al.,1 (collectively referred to as appellees), in this action, pursuant to 42 U.S.C. Sec. 1983, challenging the constitutionality of the Michigan's affirmative action plan implemented by the Michigan Department of Taxation (MDT).

The issues joined in the instant appeal are identical to the issues presented before this court in the recent case of Conlin v. Blanchard, No. 88-1982, Slip op. (6th Cir. November 27, 1989). On appeal from summary judgment entered in favor of the defendants, the court in Conlin reversed and remanded the case because there was insufficient factual findings to review the affirmative action plans. In the instant case, this court is also without factual findings and conclusions of law from the district court in which to meaningfully review the constitutionality of the plan. Accordingly, given the similarities between Conlin and the case at bar, this matter is REVERSED and REMANDED to the district court for further proceedings consistent with Conlin.