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WILKINS v. DANIELS

No. 13-3112.

744 F.3d 409 (2014)

Terry WILKINS; Sean Trimbach; Mike Stapleton; Cindy Huntsman; Cyril Vierstra, Robert Sawmiller; Steve Frantz, Plaintiffs-Appellants, v. David T. DANIELS, in his official capacity as Director of the Ohio Department of Agriculture; The Ohio Department of Agriculture, Defendants-Appellees, The Humane Society of the United States, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 4, 2014.

Attorney(s) appearing for the Case

ARGUED: Robert M. Owens , Owens Law Office, Delaware, Ohio, for Appellants. Eric E. Murphy , Office of the Ohio Attorney General, Columbus, Ohio, for Appellees. Anna Frostic , The Humane Society of the United States, Washington, D.C., for Intervenor. ON BRIEF: Robert M. Owens , Owens Law Office, Delaware, Ohio, for Appellants. Alexandra Schimmer , Michael J. Hendershot , James R. Patterson , Pearl M. Chin , Office of the Ohio Attorney General, Columbus, Ohio, for Appellees. Anna Frostic , The Humane Society of the United States, Washington, D.C., Donald J. McTigue , Corey Colombo , Mark McGinnis , McTigue & McGinnis LLC, Columbus, Ohio, for Intervenor.

Before: DAUGHTREY, GIBBONS, and DONALD, Circuit Judges.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

This case involves constitutional challenges to the Ohio Dangerous Wild Animals and Restricted Snakes Act, Ohio Revised Code §§ 935.01-935.99. Plaintiffs-appellants are seven owners of animals regulated by the Act. Defendants-appellees are the Director of the Ohio Department of Agriculture, named in his official capacity, and the Ohio Department of Agriculture. After January 1, 2014, no person may possess...

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