KEITH, J., delivered the opinion of the court, in which JOINER, D.J., joined. BATCHELDER, J. (pp. 422-26), delivered a separate opinion concurring in part and dissenting in part. KEITH, Circuit Judge. Appellant Russell A. Kelm (“Kelm”) appeals the district court’s dismissal of his complaint on abstention grounds and the denial of bilateral class certification in his action challenging the constitutionalit…
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