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GABLE v. LEWIS

No. 98-3819.

201 F.3d 769 (2000)

Sarah GABLE, Plaintiff-Appellee, v. Ronald G. LEWIS; Kenneth T. Woehrmyer, Defendants-Appellants, Roger Hannay, et al., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 13, 2000.

Attorney(s) appearing for the Case

Alphonse A. Gerhardstein (argued and briefed), Laufman, Rauh & Gerhardstein, Cincinnati, Ohio, for Appellee.

Allen P. Adler, asst. Attorney (argued and briefed), Jeffery W. Clark (briefed), Todd R. Marti (argued), Office of the Attorney General, Corrections Litigation Section, Columbus, Ohio, for Appellants.

Before: MERRITT and NELSON, Circuit Judges; COHN, District Judge.

MERRITT, J., delivered the opinion of the court, in which COHN, D. J., joined. NELSON, J. (pp. 772-74), delivered a separate dissenting opinion.

OPINION

MERRITT, Circuit Judge.

In this § 1983 case, plaintiff Sara Gable, who operates an automobile towing company in Lebanon, Ohio, claimed that the defendant, Ronald Lewis, an official of the Ohio Highway Patrol, retaliated against her by removing her from the patrol's towing referral list because...

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