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ZIELASKO v. STATE OF OHIO

No. 88-3800.

873 F.2d 957 (1989)

Gus W. ZIELASKO and Nancy Bowman, Plaintiffs-Appellants, v. The STATE OF OHIO; Honorable Sherrod Brown, Ohio Secretary of State; Honorable Thomas Carr, Clerk of the Stark County Board of Elections; the Stark County Board of Elections, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 3, 1989.

Attorney(s) appearing for the Case

Donald C. Steiner (argued), Canton, Ohio, for Gus W. Zielasko and Nancy Bowman.

Andrew I. Sutter, Asst. Atty. Gen. (argued), Columbus, Ohio, for Sherrod Brown and the State of Ohio.

Ronald E. Stocker, Deborah A. Dawson, Asst. Pros. Atty., Canton, Ohio, for Thomas Carr and the Stark County Bd. of Elections.

Before MARTIN and JONES, Circuit Judges, and FEIKENS, Senior District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Gus W. Zielasko and Nancy Bowman appeal from an order of the United States District Court for the Northern District of Ohio dismissing this civil rights action, brought pursuant to 42 U.S.C. § 1983, under Rule 12(b)(6) of the Federal Rules of Civil Procedure, 693 F.Supp. 577 (N.D.Ohio 1988). They seek declaratory relief stating that Article IV, Section 6(C) of the Ohio Constitution violates...

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