BRILL v. HEDGES

No. C-2-90-0701.

783 F.Supp. 340 (1991)

Michelle BRILL, et al., Plaintiffs, v. Kay HEDGES, et al., Defendants.

United States District Court, S.D. Ohio, E.D.

November 20, 1991.


Attorney(s) appearing for the Case

Theodore Kern, Ohio State Legal Services Ass'n, Columbus, Ohio, Gary M. Smith, Southeastern Ohio Legal Services, New Philadelphia, Ohio, for plaintiffs.

Karin E. Wilson, Asst. Atty. Gen., State of Ohio Health and Human Services Section, Columbus, Ohio, Walter H. Chess, Jr., Asst. Pros. Atty., Zanesville, Ohio, for defendants.


OPINION AND ORDER

KINNEARY, Senior District Judge.

This matter comes before the Court to consider the cross motions of the parties for summary judgment. Fed.R.Civ.P. 56. On June 24, 1991, the Court issued an Opinion and Order that, while accepting the Defendants' contention that the statute at issue in this case is only subject to the lowest level of constitutional scrutiny, directed the parties to re-brief the issue of whether the statute is rationally...

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