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LIBERTY COINS, LLC v. GOODMAN

No. 13-3012.

748 F.3d 682 (2014)

LIBERTY COINS, LLC; John Michael Tomaso, Plaintiffs-Appellees, v. David GOODMAN, Director, Ohio Department of Commerce; Amanda McCartney, Consumer Finance Attorney, Division of Financial Institutions, Ohio Department of Commerce, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 8, 2014.

Attorney(s) appearing for the Case

ARGUED: William J. Cole , Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Maurice A. Thompson , 1851 Center for Constitutional Law, Columbus, Ohio, for Appellees. ON BRIEF: William J. Cole , Jennifer S.M. Croskey , Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Maurice A. Thompson , 1851 Center for Constitutional Law, Columbus, Ohio, Curt C. Hartman , The Law Firm of Curt C. Hartman, Amelia, Ohio, for Appellees. Timothy Sandefur , Pacific Legal Foundation, Sacramento, California, Paul M. Sherman , Erica Smith , Institute for Justice, Arlington, Virginia, for Amici Curiae.

Before: MERRITT and CLAY, Circuit Judges; and STAFFORD, District Judge.

OPINION

CLAY, Circuit Judge.

Defendants, David Goodman, Director of the Ohio Department of Commerce, and Amanda McCartney, Consumer Finance Attorney of the Division of Financial Institutions, Ohio Department of Commerce, are charged with enforcement of the Ohio Precious Metals Dealers Act ("PMDA"), Ohio Revised Code § 4728. They appeal from an order entered by the United States District Court for the Southern District of Ohio, Eastern Division, granting...

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