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HOOD v. KELLER

No. 02-3402.

341 F.3d 593 (2003)

James D. HOOD II, Plaintiff-Appellant, v. Ronald T. KELLER; Richard H. Finan; Kenneth L. Morckel, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 3, 2003.

Attorney(s) appearing for the Case

ARGUED: Nathan W. Kellum, Center for Inalienable Rights, Memphis, Tennessee, for Plaintiff-Appellant.

Elise W. Porter, David S. Timms, Peter M. Thomas, Office of Ohio Attorney General, Columbus, Ohio, for Defendants-Appellees.

ON BRIEF: Nathan W. Kellum, Center for Inalienable Rights, Memphis, Tennessee, for Plaintiff-Appellant.

Elise W. Porter, David S. Timms, Peter M. Thomas, Tomi L. Dorris, Office of Ohio Attorney General, Columbus, Ohio, for Defendants-Appellees.

Before: KENNEDY, GILMAN, and GIBBONS, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

GIBBONS, J., delivered the opinion of the court, in which GILMAN, J., joined. KENNEDY, J. (pp. 11-12), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiff-appellant James D. Hood II brought suit in federal district court against defendant-appellee Ronald Keller, in his official capacity as the Executive Director of the Capitol Square Review and Advisory Board; defendant...

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