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ROSEN v. BROWN

No. 90-4100.

970 F.2d 169 (1992)

Russell S. ROSEN; Michael N. Ungar; Common Cause/Ohio, Plaintiffs-Appellees, v. Sherrod BROWN, Secretary of State, Defendant-Appellant, Cuyahoga County Board of Elections, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided July 22, 1992.

Attorney(s) appearing for the Case

Gordon Beggs, Cleveland, Ohio (argued and briefed), for plaintiffs-appellees.

Catherine M. Cola, Asst. Atty. Gen., Patrick A. Devine (argued and briefed), Office of Atty. Gen., Columbus, Ohio, for defendant-appellant and defendant.

Before: MILBURN and SILER, Circuit Judges; and PECK, Senior Circuit Judge.

MILBURN, Circuit Judge.

Robert Taft1 appeals the district court's grant of summary judgment for plaintiffs in this action seeking to enjoin enforcement of an Ohio election statute, Ohio Revised Code § 3505.03, which prohibits nonparty candidates for elective office from having the designation Independent or Independent candidate placed on the ballot next to their name. On appeal, the sole issue is whether Ohio's refusal, pursuant...

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