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STEWART v. BLACKWELL

No. 05-3044.

444 F.3d 843 (2006)

Effie STEWART, et al., Plaintiffs-Appellants, v. J. Kenneth BLACKWELL, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 21, 2006.

Attorney(s) appearing for the Case

ARGUED: Daniel P. Tokaji, Ohio State University Moritz College of Law, Columbus, Ohio, for Appellants. Richard N. Coglianese, Office of the Attorney General, Columbus, Ohio, Jeffrey A. Stankunas, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, for Appellees. ON BRIEF: Daniel P. Tokaji, Ohio State University Moritz College of Law, Columbus, Ohio, Richard Saphire, Dayton Law School, Dayton, Ohio, Laughlin McDonald, Meredith E.B. Bell-Platts, American Civil Liberties Union Foundation, Atlanta, Georgia, Paul F. Moke, Wilmington College, Wilmington, Ohio, for Appellants. Richard N. Coglianese, Holly J. Hunt, Office of the Attorney General, Columbus, Ohio, Jeffrey A. Stankunas, Mark D. Landes, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, Victor T. Whisman, Office of the Prosecuting Attorney for the County of Montgomery, Dayton, Ohio, Anita L. Davis, Summit County Prosecutor's Office, Akron, Ohio, David Todd Stevenson, Hamilton County Prosecuting Office, Cincinnati, Ohio, for Appellees.

Before: MARTIN, COLE, and GILMAN, Circuit Judges.

MARTIN, J., delivered the opinion of the court, in which COLE, J., joined.

GILMAN, J. (pp. 880-97), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The plaintiffs are African-American and Caucasian voters residing in Hamilton, Montgomery, Sandusky, and Summit Counties in Ohio. They filed their complaint on October 11, 2002 alleging that: (1) the use of unreliable, deficient voting equipment, including...

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