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POPOVICH v. CUYAHOGA COUNTY COURT OF COMMON PLEAS

Nos. 98-4100, 98-4540.

276 F.3d 808 (2002)

Joseph M. POPOVICH, Plaintiff-Appellee/Cross-Appellant, v. CUYAHOGA COUNTY COURT OF COMMON PLEAS, Domestic Relations Division, Defendant-Appellant/Cross-Appellee, Cuyahoga County, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 10, 2002.

Attorney(s) appearing for the Case

Brian D. Sullivan (briefed), Richard C. Haber (argued and briefed), Reminger & Reminger Co., LPA, Cleveland, OH, for Plaintiff-Appellee/Cross-Appellant.

Bruce B. Elfvin (argued and briefed), Barbara Kaye Besser (briefed), Amy S. Glesius (briefed), Elfvin & Besser, Cleveland, OH, for Defendants-Appellants/Cross-Appellees.

Seth M. Galanter (briefed), U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Intervenor.

Michael Kirkman (briefed), Sky Pettey (briefed), Ohio Legal Rights Service, Columbus, OH, Stephen P. Carney (briefed), Office of the Attorney General of Ohio, Columbus, OH, Richard N. Coglianese (briefed), Office of the Attorney General, Employment Law Section, Columbus, OH, Kirk A. Lindsey (briefed), Office of the Attorney General, Columbus, OH, Mary M. Collier (briefed), Asst. Atty. General, Nashville, TN, Michael E. Moore (briefed), Solicitor General, Nashville, TN, for Amicus Curiae.

Before MARTIN, Chief Judge; MERRITT, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

MERRITT, J., delivered the opinion of the court, in which seven of the thirteen judges of the en banc court joined in Sections II and III and in the judgment of the court reversing the judgment of the district court and remanding for a new trial; namely, BOYCE F. MARTIN, JR., C.J., MERRITT, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN. Six Judges, RYAN, BOGGS, ALAN E. NORRIS, SUHRHEINRICH, SILER, and BATCHELDER, would reverse the judgment...

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