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MASCIO v. PUBLIC EMPLOYEES RETIREMENT SYSTEM OF OHIO

No. 97-3314.

160 F.3d 310 (1998)

John J. MASCIO, Plaintiff-Appellee, v. PUBLIC EMPLOYEES RETIREMENT SYSTEM OF OHIO; Richard E. Schumacher, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1998.

Rehearing and Suggestion for Rehearing Denied January 11, 1999.

Attorney(s) appearing for the Case

Benson A. Wolman (argued and briefed), Wolman, Genshaft & Gellman, Columbus, OH, for Plaintiff-Appellee.

James M. Harrison, Asst. Atty. General (briefed), Office of Attorney General of Ohio, Columbus, OH, Jeffrey S. Sutton, State Solicitor (argued and briefed), Columbus, OH, for Defendants-Appellants.

Before: NELSON and RYAN, Circuit Judges; ROSEN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied January 11, 1999.*

DAVID A. NELSON, J., delivered the opinion of the court, in which RYAN, J., joined. ROSEN, D.J. (pp. 315-326), delivered a separate dissenting opinion.

OPINION

DAVID A. NELSON, Circuit Judge.

This is an appeal from a preliminary injunction in which the district court barred the Public Employees Retirement System of Ohio and its Executive...

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