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MILLER v. LORAIN COUNTY BD. OF ELECTIONS

No. 96-4267.

141 F.3d 252 (1998)

Mark MILLER, Mark Miller for Congress Committee, Oona Miller, and Peter R. Swendseid, Plaintiffs-Appellants, v. LORAIN COUNTY BOARD OF ELECTIONS and Bob Taft, Ohio Secretary of State, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 2, 1998.

Attorney(s) appearing for the Case

Joseph R. Compoli, Jr., Cleveland, OH, Mark N. Miller (argued and briefed), Greenbelt, MD, for Plaintiffs-Appellants.

M. Robert Flanagan (argued and briefed), Office of Prosecuting Attorney, Elyria, OH, for Defendant-Appellee Lorain County Bd. of Elections.

David M. Gormley (argued), Diane R. Richards (briefed), Office of Attorney General of Ohio, Columbus, OH, Catherine P. Palazzolo (briefed), Gallagher, Bradigan, Gams, Pryor & Littrell, Columbus, OH, for Defendant-Appellee Taft.

Before: WELLFORD, NORRIS, and SILER, Circuit Judges.

OPINION

SILER, Circuit Judge.

Plaintiffs, Mark Miller, the Mark Miller for Congress Committee, Oona Miller, and Peter R. Swendseid (collectively "Miller"),1 challenged the constitutionality of Ohio's ballot access scheme. Mark Miller was an independent candidate for United States Congress in 1994. The district court granted summary judgment in favor of the defendant, Lorain County Board of Elections ("Board"), and dismissed the...

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