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PESTRAK v. OHIO ELECTIONS COM'N

Nos. 88-3131, 88-3132.

926 F.2d 573 (1991)

Walter PESTRAK, Plaintiff-Appellee Cross-Appellant, v. OHIO ELECTIONS COMMISSION, et al., Defendants. Harry Lehman, Judith Moss, Dorothy Washington, Thomas Moody, Larry James, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 27, 1991.

Attorney(s) appearing for the Case

James E. Melle (argued), Lucas, Prendergast, Albright, Gibson & Newman, Columbus, Ohio, for plaintiff-appellee cross-appellant.

John W. Zeiger, Jones, Day, Reavis & Pogue, Columbus, Andrew I. Sutter (argued), Asst. Atty. Gen., Office of Atty. Gen., Columbus, Ohio, for defendants-appellants cross-appellees.

Daniel T. Kobil, Capital University Law School, Elinor R. Alger, American Civ. Liberties Union of Ohio, Columbus, Ohio, for amicus curiae American Civ. Liberties Union of Ohio Foundation, Inc.

Before BOGGS, Circuit Judge, ENGEL, Senior Circuit Judge, and BALLANTINE, District Judge.

BOGGS, Circuit Judge.

Walter Pestrak brought this suit to complain about the actions of the Ohio Elections Commission in several aspects of its function as the "policer of clean elections" under authority granted to it by the Ohio legislature. The Commission assessed the truthfulness of statements made by Pestrak as a candidate, damaged his campaign both by investigating certain statements made by Pestrak and by finding probable cause to believe he violated Ohio law...

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