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MILLER v. BARBERTON MUN. COURT

No. 90-3627.

935 F.2d 775 (1991)

Duane R. MILLER, Petitioner-Appellant, v. BARBERTON MUNICIPAL COURT, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 7, 1991.

Rehearing and Rehearing Denied August 23, 1991.

Attorney(s) appearing for the Case

Nancy Grim (argued), Akron, Ohio, Thelma Furry, Monroe Falls, Ohio, for petitioner-appellant.

Michael J. Angelo, Cleveland, Ohio, for respondent-appellee.

Before KENNEDY and JONES, Circuit Judges, and CHURCHILL, Senior District Judge.

Rehearing and Rehearing En Banc Denied August 23, 1991.

PER CURIAM.

In this appeal, we consider whether appellant was denied his constitutional rights to due process or privacy when an Ohio court convicted him of public indecency.

I

At approximately 11:30 p.m. on August 6, 1988, appellant Duane Miller ("Miller") and two friends arrived at the Loyal Oak Swim Club in Norton, Ohio. Miller had been to the pool at least twice before. He and his...

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