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DAYTON AREA VISUALLY IMPAIRED PERSONS v. FISHER

Nos. 93-3977, 93-3979.

70 F.3d 1474 (1995)

DAYTON AREA VISUALLY IMPAIRED PERSONS, INC., an Ohio Non-Profit Corporation; Wayne County Foster Parents Network, an Unincorporated Ohio Non-Profit Association; Ohio Telemarketing Association, Inc., an Ohio Non-Profit Corporation, Plaintiffs-Appellants/Cross-Appellees, v. Lee FISHER, Attorney General, State of Ohio, Defendant-Appellee/Cross-Appellant, J. Anthony Sawyer, City Attorney of the City of Dayton, Ohio; Lee J. Falke, Prosecuting Attorney, Montgomery County, Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1995.

Attorney(s) appearing for the Case

Richard Saphire, Dayton Law School, Dayton, OH, Louis A. Jacobs, Columbus, OH, Barry A. Fisher (argued and briefed), Fleishman, Fisher & Moest, Los Angeles, CA, for Dayton Area Visually Impaired Persons, Inc., Wayne County Foster Parents and Ohio Telemarketing Association, Inc.

Noelle T. Tsevdos (briefed), Office of the Attorney General for the State of Ohio, Columbus, OH, Richard Cardray (argued and briefed), Grove City, OH, Jeffrey S. Sutton, State Solicitation Administration, Columbus, OH, for Lee Fisher.

Kenneth Eugene Barden, Office of the City Attorney, Dayton, OH, for J. Anthony Sawyer.

Before: ENGEL, NORRIS, and DAUGHTREY, Circuit Judges.

DAUGHTREY, J., delivered the opinion of the court, in which ENGEL, J., joined. NORRIS, J. (p. 1490), delivered a separate opinion concurring in part and dissenting in part.

DAUGHTREY, Circuit Judge.

This interlocutory appeal stems from the district court's order both granting and denying injunctive relief in response to First Amendment and equal protection challenges to Ohio's recently enacted charitable solicitation statutes. The suit, seeking declaratory...

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