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TOLBERT v. STATE OF OHIO DEPT. OF TRANSP.

No. 98-3299.

172 F.3d 934 (1999)

Joyce TOLBERT, Venita Rodgers, Veronica Cherry, Laurel Nemec, Patricia Nettles, and Stella Campbell, Plaintiffs-Appellants, v. STATE OF OHIO DEPARTMENT OF TRANSPORTATION, Jerry Wray, and City of Toledo, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 16, 1999.

Attorney(s) appearing for the Case

Olatunde C.A. Johnson (argued and briefed), NAACP Legal Defense & Educational Fund, New York, New York, William B. Senhauser (briefed), Equal Justice Foundation, Toledo, Ohio, for Plaintiffs-Appellants.

Pamela J. Vest (argued and briefed), Office of the Attorney General, Transportation Section, Columbus, Ohio, Richard J. Makowski (briefed), Office of the Attorney General of Ohio, Cleveland, Ohio, Karen E. Asbury (briefed), Office of the Attorney General, Toledo, Ohio, for Defendants-Appellees except City of Toledo.

Lourdes Santiago (briefed), Senior Attorney, Office of the City of Toledo Law Department, Toledo, Ohio, for Defendant-Appellee City of Toledo.

Before: MERRITT, KENNEDY, and GILMAN, Circuit Judges.

GILMAN, Circuit Judge.

Plaintiffs, who are residents of the Cherrywood apartment complex in Toledo, Ohio and predominantly African-American (the "Cherrywood residents"), claim that the Ohio Department of Transportation ("ODOT"), its director Jerry Wray, and the City of Toledo discriminated against them on the basis of race in allocating sound barriers along highways in Toledo. The district court ruled that their claims were barred by the applicable two-year statutes...

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