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DLX, INC. v. KENTUCKY

No. 03-5528.

381 F.3d 511 (2004)

DLX, INC., Plaintiff-Appellant, v. Commonwealth of KENTUCKY, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 26, 2004.

Rehearing Denied October 28, 2004.

Attorney(s) appearing for the Case

D. Duane Cook (argued and briefed), Stamping Ground, KY, for Plaintiff-Appellant.

David J. Obradovich, James J. Grawe, Office of the Attorney General, Todd E. Leatherman, Office of the Attorney General, Mark A. Posnansky (briefed), S. Bradford Smock (argued and briefed), Office of Legal Services Capital Plaza Tower, Frankfort, KY, for Defendants-Appellees.

Before: SILER, MOORE, and BALDOCK, Circuit Judges.

Rehearing En Banc Denied October 28, 2004.

MOORE, J., delivered the opinion of the court, in which SILER, J., joined. BALDOCK, J. (pp. 528-534), delivered a separate opinion concurring in the judgment of dismissal only.

OPINION

MOORE, Circuit Judge.

Plaintiff-Appellant DLX, Inc. ("DLX") appeals from the dismissal of its § 1983 action against Defendants-Appellees the Commonwealth of Kentucky, the Kentucky Natural Resources and Environmental...

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