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THEOBALD v. BOARD OF COUNTY COM'RS HAMILTON COUNTY

No. 01-3683.

332 F.3d 414 (2003)

Keith and Jacqueline THEOBALD, Plaintiffs-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF HAMILTON COUNTY, OHIO, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 11, 2003.

Rehearing Denied July 2, 2003.

Attorney(s) appearing for the Case

Douglas C. Holland (argued and briefed), Lawrenceburg, IN, James P. Sullivan, Sullivan & Sullivan, Cincinnati, OH, for Plaintiffs-Appellants.

John J. Arnold (briefed), Thomas E. Deye (argued and briefed), Hamilton County Prosecuting Office, Cincinnati, OH, Robert J. Surdyk (briefed), Jenks, Surdyk, Oxley, Turner & Dowd, Dayton, OH, for Defendants-Appellees.

Before MARTIN, Chief Circuit Judge; RYAN, Circuit Judge; COHN, Senior District Judge.

BOYCE F. MARTIN, Jr., C.J., delivered the opinion of the court. RYAN, J. (pp. 418-419), delivered a separate concurring opinion. COHN, D.J. (pp. 419-422), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

Keith and Jacqueline Theobald, appeal the district court's grant of a motion to dismiss. The Theobalds being residents of Indiana, jurisdiction is based upon diversity of citizenship and the amount involved...

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