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BALDERAZ v. PORTER

No. C-3-83-581.

578 F.Supp. 1491 (1983)

Juan BALDERAZ, et al., Plaintiffs, v. Leonard J. PORTER, et al., Defendants.

United States District Court, S.D. Ohio, W.D.

December 14, 1983.

Attorney(s) appearing for the Case

David W. Bruns, Coldwater, Ohio, Howard E. Swinehart, Troy, Ohio, Richard H. Wallace, Sidney, Ohio, Gregory D. Wilson, Peter R. VanArsdel, St. Marys, Ohio, for plaintiffs.

Gordon H. Savage, Dayton, Ohio, for defendant C.M.I., Inc.

Gene W. Holliker, Chief, Federal Litigation Section, Atty. Gen., State of Ohio, Columbus, Ohio, for defendants Walsh, Cox, Reich, Saunders and Smith.

James G. Neary, Asst. Atty. Gen., State Department Section, Columbus, Ohio, for defendants Porter, Ackerman and Jackson.

DECISION AND ENTRY SUSTAINING IN PART, AND NOT RULING UPON IN PART, MOTIONS TO DISMISS THE AMENDED COMPLAINT; FURTHER PROCEDURES SET

RICE, District Judge.

In this unusual lawsuit, Plaintiffs allege that the use of intoxilyzer equipment by Ohio law enforcement officials has resulted in the violation of their federal due process and equal protection rights. This violation comes about, Plaintiffs assert, from interference with the proper operation of the intoxilyzer...

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