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BERG v. OBAMA

No. 08-4340.

586 F.3d 234 (2009)

Philip J. BERG, Esquire, Appellant v. Barack Hussein OBAMA, a/k/a Barry Soetoro, a/k/a Barry Obama, a/k/a Barack Dunham, a/k/a Barry Dunham; The Democratic National Committee; The Federal Election Commission; The Secretary of the Commonwealth, Pennsylvania Department of State; Pedro A. Cortés, Secretary of the Commonwealth in his official capacity; Dianne Feinstein, Chairman of the U.S. Senate, Commission on Rules and Administration in her official capacity; U.S. Senate, Commission on Rules and Administration; and Does 1-50 Inclusive.

United States Court of Appeals, Third Circuit.

Filed: November 12, 2009.

Attorney(s) appearing for the Case

Philip J. Berg, Lafayette Hill, PA, Attorney Pro Se.

John P. Lavelle, Jr., Morgan, Lewis & Bockius LLP, Philadelphia, PA, Of counsel, Robert F. Bauer, Perkins Coie LLP, Joseph E. Sandler, Sandler, Reiff & Young, P.C., Washington, D.C., Attorneys for Democratic National Committee and Barack Obama.

Thomasenia P. Duncan, General Counsel, David Kolker, Associate General Counsel, Kevin Deeley, Assistant General Counsel, Steve N. Hajjar, Attorney, Federal Election Commission, Washington, D.C., Attorneys for Federal Election Commission.

Before: SLOVITER, FUENTES and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Philip Berg, a lawyer acting pro se, filed this action challenging Barack Obama's eligibility to run for and serve as President of the United States. The District Court dismissed Berg's action on the grounds that he lacks standing and failed to state a cognizable claim.

I.

Before the 2008 presidential election, Berg sued then-Presidential candidate Barack Obama, the Democratic National...

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