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AMELKIN v. McCLURE

No. 96-5942.

205 F.3d 293 (2000)

Stephen AMELKIN, Broadway Chiropractic; Dr. Brian Christopher Fee; Stuart Lyon; Nicolas Baker; David Kaplan; James W. Chambers; Sidney Hanish; Rhoda Daniels; Thomas H. Watson; Kenneth W. Wall; James Bogard, doing business as Bogard & Associates, Plaintiffs-Appellees, City of Louisville, Division of Police, Plaintiff, v. Ann McCLURE, Document Custodian; Gary Rose, Commissioner of Department of State Police; Ben Chandler, Attorney General, Defendants-Appellants, Justice Cabinet, Department of State Police, Plaintiff/Counter Defendant-Appellant, Jefferson County, Kentucky, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 24, 2000.

Rehearing Denied March 30, 2000.

Attorney(s) appearing for the Case

William B. Pettus (argued and briefed), Office of the Attorney General, Civil & Environmental Law Division, Frankfort, KY, Lucy B. Richardson (argued and briefed), Commonwealth of Kentucky Justice Cabinet, General Counsel, Frankfort, KY, for Appellants.

Donald L. Cox (argued), Mary J. Lintner (briefed), Lynch, Cox, Gilman & Mahan, Louisville, KY, for Appellees.

Laurence J. Zielke (briefed), Pedley, Zielke, Gordinier, Olt & Pence, Louisville, KY, for Amicus Curiae.

Before: SUHRHEINRICH, SILER, and GILMAN, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

On December 13, 1999, the Supreme Court vacated our February 17, 1999 decision in the above-styled matter, see Amelkin v. McClure, 168 F.3d 893 (6th Cir. 1999), and remanded the case for further consideration in light of Los Angeles Police Dep't v. United Reporting Publishing Corp., 528 U.S. ___, 120 S.Ct. 483, 145 L.Ed.2d 451 (1999). After taking into account the majority's holding...

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