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OHIO EX REL. SKAGGS v. BRUNNER

No. 09-4282.

629 F.3d 527 (2010)

State of OHIO ex rel. Dana SKAGGS and Kyle Fannin, Relators-Appellants, v. Jennifer L. BRUNNER, Secretary of the State of Ohio and The Board of Elections of Franklin County, Ohio, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 16, 2010.

Attorney(s) appearing for the Case

ARGUED: Christopher J. Hogan , Zeiger, Tigges & Little LLP, Columbus, Ohio, for Appellants. Richard N. Coglianese , Office of the Ohio Attorney General, Columbus, Ohio, for Appellees. ON BRIEF: Christopher J. Hogan , John W. Zeiger , Marion H. Little, Jr. , Zeiger, Tigges & Little LLP, Columbus, Ohio, for Appellants. Aaron D. Epstein , Office of the Ohio Attorney General, Columbus, Ohio, for Appellees.

Before: KENNEDY, SUTTON and McKEAGUE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

This is round two in a ballot-counting dispute arising from the 2008 elections in Franklin County, Ohio. In the first round, we held that the defendants could not remove the case from state court to federal court because each of the claims turned on state law and the parties all hailed from Ohio. Ohio ex rel. Skaggs v. Brunner, 549 F.3d 468 (6th Cir.2008). Today, we consider whether...

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