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GREATER HEIGHTS ACADEMY, et al.,
Plaintiffs-Appellants,
v.
DR. SUSAN TAVE ZELMAN, et al.,
Defendants-Appellees.


No. 06-4162

Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 06-00498—Algenon L. Marbley, District Judge.
Argued: March 12, 2008
Decided and Filed: April 18, 2008
Before: KEITH, CLAY, and GILMAN, Circuit Judges.

_________________________
OPINION
_________________________

DAMON J. KEITH, Circuit Judge. This case arises from a 42 U.S.C. § 1983 Fourteenth Amendment claim filed by two Ohio community schools, Greater Heights Academy and W.C. Cupe Community School (“Appellants”), against three Ohio public officials, Dr. Susan Tave Zelman, Ohio Superintendent of Public Instruction, Dr. Paulo A. DeMaria, Associate Superintendent for the Center for School Finance of the Ohio Department of Education (ODE), and Todd L. Hanes, Director of ODE’s Office of Community Schools (collectively, “Appellees”). Appellants sought injunctive relief consisting of a prayer for the receipt of state educational funds pursuant to Ohio Rev. Code § 3314.08 and an opportunity for a hearing prior to the denial of funding. Concluding that community schools are political subdivisions and barred from asserting Fourteenth Amendment claims against state officials, the district court dismissed Appellants’ suit under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. The sole issue on appeal is whether Appellants are political subdivisions that therefore cannot invoke the protection of the Fourteenth Amendment against the state of Ohio.

. . .

For the aforementioned reasons, we AFFIRM the decision of the district court.


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In re: J & M SALUPO DEVELOPMENT CO.,
Debtor.
_____________________________________
PAUL T. AND NANCY HAMERLY,
Plaintiffs-Appellants,
v.
FIFTH THIRD MORTGAGE COMPANY,
Defendant-Appellee.


No. 07-8026

Appeal from the United States Bankruptcy Court
for the Northern District of Ohio, Eastern Division, Cleveland.
Bankruptcy Case No. 06-11373; Adversary Proceeding No. 06-01555.
Argued: February 5, 2008
Decided and Filed: April 18, 2008
Before: FULTON, RHODES, and SCOTT, Bankruptcy Appellate Panel Judges.

_________________________
OPINION
_________________________

THOMAS H. FULTON, Bankruptcy Appellate Panel Judge. Paul T. and Nancy Hamerly (“Appellants”) appeal the bankruptcy court’s grant of a judgment on the pleadings pursuant to Federal Rule of Bankruptcy Procedure 7012(c) in favor of Fifth Third Mortgage Company (“Appellee”) and denial of Appellants’ motion for reconsideration of that judgment, which held that Appellants could not prove any facts entitling them to obtain clear title to certain real property or warranting equitable subordination of Appellee’s mortgage against such property. Appellee had extended a construction loan to J & M Salupo Development Co. (“Debtor”) and recorded a mortgage against the property. Appellants subsequently had executed a purchase agreement with Debtor for the construction of a new home on the property, paid Debtor $140,000.00 in installment payments on the contract, and took possession of the home prior to closing.