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KELM v. HYATT

No. 93-3141.

44 F.3d 415 (1995)

Russell A. KELM, Plaintiff-Appellant, v. C. HYATT, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 18, 1995.

Attorney(s) appearing for the Case

Russell A. Kelm (argued and briefed), Schwartz, Kelm, Warren & Rubenstein, Mark S. Coco (argued and briefed), Harris, McClellan, Binau & Cox, Columbus, OH, for plaintiff-appellant.

Glenn B. Redick (briefed), City Attorney's Office for the City of Columbus, Harland H. Hale (argued and briefed), Carol Johnson King (argued and briefed), Columbus, OH, for defendants-appellees.

Elaine O. Zingg (briefed), Legal Aid Soc. of Columbus, Columbus, OH, for Legal Aid Soc. of Columbus, amicus curiae.

Before: KEITH and BATCHELDER, Circuit Judges; and JOINER, District Judge.

KEITH, J., delivered the opinion of the court, in which JOINER, D.J., joined. BATCHELDER, J. (pp. 422-26), delivered a separate opinion concurring in part and dissenting in part.

KEITH, Circuit Judge.

Appellant Russell A. Kelm ("Kelm") appeals the district court's dismissal of his complaint on abstention grounds and the denial of bilateral class certification in his action challenging the constitutionality of two Ohio statutes. For the reasons stated below...

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