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UNITED FOOD & COMMERCIAL v. CITY OF SIDNEY

No. 02-3415.

364 F.3d 738 (2004)

UNITED FOOD & COMMERCIAL WORKERS LOCAL 1099; Judy Bishop; Doug Burgstaller; Jeff Crider; Ray Evans, III; Bonnie France; Chad Helmlinger; Leah Helmlinger; Tonya McCoy; Bryon O'Neal; Jeff Osting; Keith Robinson; Jessica Sagraves, Plaintiffs-Appellants, v. CITY OF SIDNEY; Michael Puckett; Steven B. Wearly; Sidney City Schools; Steve Miller; Kevin O'Leary, Defendants-Appellees, Wal-Mart Stores, Inc., et al.; John Waters; Greg Franks, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 24, 2004.

Attorney(s) appearing for the Case

Timothy M. Burke (argued and briefed), Rhonda S. Frey (briefed), Manley Burke, Cincinnati, OH, for Plaintiffs-Appellants.

Edward J. Dowd (briefed), Boyd W. Gentry (argued), Surdyk, Dowd & Turner, Dayton, OH, Nicholas E. Subashi (briefed), Brian L. Wildermuth, (argued and briefed), Law Offices of Nicholas E. Subashi, Dayton, OH, Michael Fay Boller (briefed), Asst. Shelby County Prosecutor, Sidney, OH, for Defendants-Appellees.

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

AMENDED OPINION

GIBBONS, Circuit Judge.

Plaintiffs-appellants, United Food and Commercial Workers Local 1099 ("Local 1099") and twelve of its members, brought suit under 42 U.S.C. §§ 1983 and 1985 against defendants-appellees after they were prohibited from soliciting signatures for a referendum petition outside six polling places on election day in Sidney, Ohio. These polling places included four public schools, the local Y.M.C.A., and a church...

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