McNEILUS TRUCK and MANUFACTURING, INC., a Minnesota Corporation; McNeilus Financial Services, Inc., a Minnesota Corporation; McNeilus Financial, Inc., a Texas Corporation, Plaintiffs-Appellants,
v.
State of OHIO, ex rel. Betty MONTGOMERY, Attorney General for the State of Ohio; Mitchell J. Brown, Commissioner of the Ohio Bureau of Motor Vehicles, et al., Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: April 27, 2000
Decided and Filed: August 31, 2000
Attorney(s) appearing for the Case
E. Joel Wesp, D. Michael Crites (briefed), Teaford, Rich, Crites & Wesp, Columbus, Ohio, Gerald S. Duffy (argued and briefed), Steven Weintraut (briefed), William Christopher Penwell (briefed), Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, Minnesota, William H. Ise (briefed), Dodge Center, Minnesota, for Plaintiffs-Appellants.
Chester T. Lyman, Jr. (argued), Matthew L. Sagone (briefed), Office of the Attorney General of Ohio, Columbus, Ohio, for Defendant-Appellee Ohio ex rel. Montgomery.
Chester T. Lyman, Jr. (argued), Office of the Attorney General of Ohio, Columbus, Ohio, for Defendant-Appellee Brown.
Elizabeth L. Schuster, Office of the Attorney General of Ohio, Columbus, Ohio, Mark D. Landes (argued and briefed), Lance Chapin (briefed), Isaac, Brant, Ledman & Teetor, Columbus, Ohio, for Defendant-Appellee Lawler.
Randall Lee Lambert, Ironton, Ohio, for Defendant-Appellee Junk.
Jeffrey Lynn Glasgow (briefed), Prosecuting Attorney's Office for the County of Franklin, Columbus, Ohio, for Defendants-Appellees Franklin County, O'Brien, Cuyahoga County, Hancock County, Licking County, Auglaize County, Shelby County.
Nick A. Selvaggio, Urbana, Ohio, Jack W. Whitesell, Jr., Champaign County Prosecutor's Office, Urbana, Ohio, for Defendant-Appellee Champaign County.
Michael T. Callahan, Summit County Prosecutor's Office, Akron, Ohio, for Defendant-Appellee Summit County.
Dane A. Gaschen, Delaware County Prosecuting Attorney's Office, Delaware, Ohio, for Defendant-Appellee Delaware County.
Michael P. Brown, Lake County Prosecutor's Office, Painesville, Ohio, for Defendant-Appellee Lake County Prosecutor.
John J. Arnold (briefed), James J. Schaefer (briefed), Hamilton County Prosecuting Office, Cincinnati, Ohio, for Defendant-Appellee Deters.
Before: GUY, BOGGS, and SUHRHEINRICH, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
OPINION
BOGGS, Circuit Judge.
This case grew out of an Act of the legislature of the State of Ohio to amend the state's dealer licensing laws. In the spring of 1996, the Ohio Bureau of Motor Vehicles ("OBMV") told dealers of remanufactured vehicles they had to comply with certain requirements for licensing by March 31, 1996, failing which their dealer licenses would not be renewed upon their expiration that...
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