United States v. State of Michigan

WELLFORD, Circuit Judge,

Dissenting:

I respectfully dissent from the denial of the State of Michigan’s petition for rehearing. I do not feel that the issue presented, whether the opinion filed July 8, 1988, should be deemed to be prospective only, has been fully considered by the court. I find it to be a serious and important question that should be addressed by the panel or by the court en banc. I adhere to my previous position that the Michigan four year statute of limitations should apply, and this becomes more important in light of the panel’s refusal to consider the retrospective effect of our decision on the merits, one. which undertook to decide a difficult question of first impression.