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LIBERTARIAN PARTY OF OHIO v. BLACKWELL

No. 04-4215.

462 F.3d 579 (2006)

LIBERTARIAN PARTY OF OHIO; Jason Hallmark; Dena Bruedigam; Patrick J. Friedrich, Plaintiffs-Appellants, v. J. Kenneth BLACKWELL, in His Official Capacity as Ohio Secretary of State, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 6, 2006.

Attorney(s) appearing for the Case

ARGUED: Gary Sinawski, New York, New York, for Appellants. Arthur James Marziale, Jr., Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee. ON BRIEF: Gary Sinawski, New York, New York, Donald J. McTigue, Columbus, Ohio, for Appellants. Arthur James Marziale, Jr., Office of the Attorney General of Ohio, Columbus, Ohio, for Appellee.

Before: CLAY, GIBBONS, and GRIFFIN, Circuit Judges.

GIBBONS, J., delivered the opinion of the court. CLAY, J. (pp. 595-601), delivered a separate opinion concurring in part and dissenting in part. GRIFFIN, J. (pp. 601-609), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

The Libertarian Party of Ohio ("LPO"), its chairperson, vice-chairperson, and a member who sought to be listed as a candidate appeal the district court's order denying their motion for summary...

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