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SAM & ALI, INC. v. OHIO DEPT. OF LIQUOR CONTROL

No. 97-3546.

158 F.3d 397 (1998)

SAM & ALI, INC.; Aleb, Inc.; Mallough, Inc.; and Murib, Inc., Plaintiffs-Appellants, v. OHIO DEPARTMENT OF LIQUOR CONTROL and William A. Vasil, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 15, 1998.

Attorney(s) appearing for the Case

Gary W. Lyons (argued and briefed), DeLibera, Lyons & Bibbo, Columbus, OH for Plaintiffs-Appellants.

Chester T. Lyman, Jr. (argued and briefed), James M. Guthrie, Office of the Attorney General of Ohio, Columbus, OH, for Defendants-Appellees.

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

SILER, J., delivered the opinion of the court, in which NORRIS, J., joined.

KRUPANSKY, J. (pp. 400-07), delivered a separate opinion concurring only in the result.

SILER, Circuit Judge.

Plaintiffs appeal the dismissal of their complaint raising federal constitutional challenges to an Ohio statute authorizing local option elections to ban sales of alcohol by holders of class C and D liquor permits. For the following reasons, we AFFIRM.

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