In re: Hamilton Cnty Bd Election

Filing

OPINION and JUDGMENT filed: The district court s preliminary injunction is VACATED, and the matter is REMANDED for dismissal for lack of subject matter jurisdiction. Decision for publication. R. Guy Cole, Jr., Chief Judge (CONCURRING IN PART AND DISSENTING IN PART); Eugene E. Siler, Jr., and Jeffrey S. Sutton (AUTHORING), Circuit Judges. [16-3350, 16-3352, 16-3357]

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Case: 16-3350 Document: 17-3 Filed: 09/06/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 16-3350/3352/3357 IN RE: 2016 PRIMARY ELECTION. _________________________________________________ HAMILTON COUNTY BOARD OF ELECTIONS(16-3350); OHIO SECRETARY OF STATE (16-3352); BUTLER COUNTY BOARD OF ELECTIONS (16-3357), Appellants. FILED Sep 06, 2016 DEBORAH S. HUNT, Clerk Before: COLE, Chief Judge; SILER and SUTTON, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. THIS CAUSE was heard on the record from the district court and was submitted on the joint brief of the appellants and the brief of the Amica Curiae. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s preliminary injunction is VACATED, and the matter is REMANDED for dismissal for lack of subject matter jurisdiction. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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