MIXON v. STATE OF OHIO

No. 98-3368.

193 F.3d 389 (1999)

Tanya MIXON, Denise Thomas, and the National Association for the Advancement of Colored People, Plaintiffs-Appellants, v. The STATE OF OHIO and Michael White, Mayor of the City of Cleveland, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 30, 1999.


Attorney(s) appearing for the Case

George L. Forbes (briefed), Scott H. Schooler (argued and briefed), Forbes, Fields & Associates Co. L.P.A., Cleveland, OH, for Tanya Mixon and National Association for the Advancement of Colored People.

George L. Forbes (briefed), Forbes, Fields & Associates Co. L.P.A., Cleveland, OH, for Denise Thomas.

Roger F. Carroll (argued and briefed), James G. Tassie (briefed), Judith L. French (briefed), Stephen P. Carney (briefed), Office of the Attorney General of Ohio, Education Section, Columbus, OH, for State of Ohio.

Frederick R. Nance (argued and briefed), Steven A. Friedman (briefed), Squire, Sanders & Dempsey, Cleveland, OH; Sylvester Summers, Jr., City of Cleveland Law Department, Cleveland, OH, for Michael R. White.

Before: KEITH, KENNEDY, and GILMAN, Circuit Judges.


OPINION

KENNEDY, Circuit Judge.

Plaintiffs in these two consolidated cases are voters and taxpayers of the Cleveland School District who seek to have Ohio Substitute House Bill 269 ("H.B.269") declared unconstitutional.1 H.B. 269 changed the composition and number of the Cleveland School Board by allowing the Mayor of Cleveland to appoint a new school board for the Cleveland School District...

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