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TOMS v. TAFT

No. 01-4035.

338 F.3d 519 (2003)

Laura TOMS and Ira Chaiffetz, Plaintiffs-Appellants, v. Bob TAFT; Reginald J. Wilkinson; Anthony J. Brigano; Lawrence Belskis; Mark Clark, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 31, 2003.

Attorney(s) appearing for the Case

Arnold S. White (argued and briefed), White & Fish, Columbus, OH, for Plaintiffs-Appellants.

Todd R. Marti (argued and briefed), J. Eric Holloway, Asst. Atty. Gen., Office of Attorney General, Corrections Litigation Section, Columbus, OH, Linda L. Woeber (briefed), Ralph E. Burnham (briefed), Montgomery, Rennie & Jonson, Cincinnati, OH, Jeffrey Lynn Glasgow (briefed), Tracie M. Boyd (briefed), Franklin County Prosecuting Attorney's Office, Columbus, OH, for Defendants-Appellees.

Before GILMAN and GIBBONS, Circuit Judges; POLSTER, District Judge.

Pursuant to Sixth Circuit Rule 206

GIBBONS, J., delivered the opinion of the court, in which POLSTER, D.J., joined. GILMAN, J. (pp. 530-534), delivered a separate opinion concurring in part and dissenting in part.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiffs-appellants Laura Toms and Ira Chaiffetz, a prisoner, sought to marry, but were unable to obtain a marriage license because Chaiffetz's incarceration made it impossible for him...

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