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OHIO EX REL. BOGGS v. CITY OF CLEVELAND

No. 09-4403.

655 F.3d 516 (2011)

State of OHIO ex rel. Susan BOGGS; Fouad Rachid, for himself and as next friend for Nicole Rachid; and Fouad, Inc., Plaintiffs-Appellants, v. CITY OF CLEVELAND, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2011.

Attorney(s) appearing for the Case

ARGUED: David E. Mills , The Mills Law Office LLC, Cleveland, Ohio, for Appellants. Thomas J. Kaiser , City of Cleveland, Department of Law, Cleveland, Ohio, for Appellee. ON BRIEF: David E. Mills , The Mills Law Office LLC, Cleveland, Ohio, for Appellants. Thomas J. Kaiser , Joseph G. Hajjar , City of Cleveland, Department of Law, Cleveland, Ohio, for Appellee.

Before: MOORE and WHITE, Circuit Judges; VARLAN, District Judge.

OPINION

THOMAS A. VARLAN, District Judge.

Susan Boggs ("Boggs") and Fouad Rachid ("Rachid"), individually and on behalf of their minor daughter, and Fouad, Inc. ("Fouad") (Boggs, Rachid, and Fouad, together, the "relators") appeal the district court's order dismissing their action on the basis of res judicata in favor of the City of Cleveland (the "City"). For the following reasons, we reverse the district court and remand the case for further proceedings...

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