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JORDAHL v. DEMOCRATIC PARTY OF VIRGINIA

No. 96-2402.

122 F.3d 192 (1997)

Vern T. JORDAHL; Mary-Beth Larock; Virginia Leadership Council, Plaintiffs-Appellants, v. DEMOCRATIC PARTY OF VIRGINIA; Richmond City Democratic Committee, Defendants-Appellees, Commonwealth of Virginia, Intervenor-Appellee, and Mark R. Warner; Pixie Bell; Lawrence H. Framme, III; Chester A. Roberts; John Does, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1997.

Attorney(s) appearing for the Case

ARGUED: M. Miller Baker, Carr, Goodson, Lee & Warner, Washington, DC, for Appellants. Monica Leigh Taylor, Gentry, Locke, Rakes & Moore, Roanoke, VA; John Hardin Young, Falls Church, VA, for Appellees. Alice Ann Berkebile, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Intervenor. ON BRIEF: Brian M. Tauscher, Matthew J. Cuccias, Steven F. Gatti, Carr, Goodson, Lee & Warner, Washington, DC; James Bopp, Jr., Bopp, Coleson & Bostrom, Terre Haute, IN, for Appellants. Leisa Kube Ciaffone, Gentry, Locke, Rakes & Moore, Roanoke, VA; R. Claire Guthrie, Richmond, Virginia, for Appellees. James S. Gilmore, III, Attorney General of VA, Office of the Attorney General, Richmond, VA, for Intervenor.

Before WIDENER and MURNAGHAN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge WIDENER and Senior Judge PHILLIPS joined.

OPINION

MURNAGHAN, Circuit Judge:

In 1989 and again in 1993, the Virginia Leadership Council, Vern T. Jordahl, a member of the Virginia Leadership Council, and Mary-Beth LaRock, a member of the Concerned Women for America, prepared and sought to distribute voter guides comparing the political positions of the various candidates...

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