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BUCHANAN v. GILLIGAN

No. C 65-159.

349 F.Supp. 569 (1972)

Nathaniel BUCHANAN, etc., Plaintiffs, v. Honorable John J. GILLIGAN et al., Defendants.

United States District Court, N. D. Ohio, E. D.

October 11, 1972.

Attorney(s) appearing for the Case

Richard M. Markus, Cleveland, Ohio, for plaintiffs.

William J. Brown, Atty. Gen., James A. Laurenson, Asst. Atty. Gen., Columbus, Ohio, for State defendants.

John L. Dowling, Asst. Pros. Atty., Cleveland, Ohio, for County defendants.

Before WEICK, Circuit Judge, BATTISTI, Chief District Judge, and THOMAS, District Judge.

MEMORANDUM OPINION AND ORDER

BATTISTI, Chief District Judge.

The plaintiffs have moved that this Court declare Article IV, Section 4 of the Ohio Constitution and Section 2301.02 of the Ohio Revised Code to be unconstitutional as violative of the due process and equal protection clauses of the Fourteenth Amendment. The defendants have also moved for summary judgment for the reasons that the Court lacks jurisdiction over the subject, and the complaint fails...

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