WALKER v. GILLIGAN

No. 73-1291.

487 F.2d 508 (1973)

Jack W. WALKER et al., Plaintiffs-Appellants, v. John J. GILLIGAN, Governor, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1973.


Attorney(s) appearing for the Case

William J. Davis, Columbus, Ohio, for plaintiffs-appellants; Joseph Waterman, Columbus, Ohio, on brief.

Thomas V. Martin, Asst. Atty. Gen., for defendants-appellees; William J. Brown, Atty. Gen., Columbus, Ohio, on brief.

Before CELEBREZZE, PECK and LIVELY, Circuit Judges.


PER CURIAM.

Plaintiffs-appellants, husband and wife, brought an action in the District Court on behalf of themselves and all similarly situated married couples in the State of Ohio to test the constitutionality of Ohio Revised Code § 5747.08(E), which provides that married couples filing a joint federal income tax return must also file a joint Ohio state income tax return. They claim that the Ohio statute creates an unreasonable classification in contravention...

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