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MEZIBOV v. ALLEN

No. 03-3973.

411 F.3d 712 (2005)

Marc D. MEZIBOV, Plaintiff-Appellant, v. Michael K. ALLEN, Hamilton County Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 16, 2005.

Attorney(s) appearing for the Case

ARGUED: Michael J. O'Hara, O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, Kentucky, for Appellant. Lawrence Edward Barbiere, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellees. ON BRIEF: Michael J. O'Hara, Suzanne Cassidy, O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, Kentucky, for Appellant. Lawrence Edward Barbiere, Michael E. Maundrell, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellees.

Before: SILER, BATCHELDER, and MOORE, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which SILER, J., joined.

MOORE, J. (pp. 723-26), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BATCHELDER, Circuit Judge.

Plaintiff-Appellant Marc D. Mezibov ("Mezibov") appeals the district court's dismissal, pursuant to FED. R. CIV. P. 12(b)(6), of his 42 U.S.C. § 1983 claim of retaliation against Hamilton County Prosecutor Michael K. Allen ("Allen...

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