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IN RE CARTER-MONDALE REELECTION COMMITTEE, INC.

Nos. 80-1841, 80-1842.

642 F.2d 538 (1980)

In re CARTER-MONDALE REELECTION COMMITTEE, INC., Democratic National Committee, Petitioners, CARTER-MONDALE REELECTION COMMITTEE, INC., Democratic National Committee, Petitioners, v. FEDERAL ELECTION COMMISSION, Respondent, Ronald Reagan and Reagan for President General Election Committee, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 1980.

Attorney(s) appearing for the Case

Joseph R. Sahid of the Bar of the Court of Appeals of New York, New York City, Pro hac vice by special leave of Court with whom Ralph L. McAfee, New York City, Timothy G. Smith, Washington, D.C., Thomas D. Barr and Ronald D. Eastman, New York City, were on reply brief in support of Petition for Review in Case Nos. 80-1841 & 80-1842.

Charles N. Steele, Atty., Gen. Counsel, Washington, D.C., with whom Kathleen Imig Perkins, Asst. Gen. Counsel, Washington, D.C., was on brief for respondent in Case Nos. 80-1841 & 80-1842.

Lawrence M. Noble and Marsha G. Gentner, Washington, D.C., also entered an appearance for appellee.

Patrick F. McCartan, Cleveland, Ohio, with whom James R. Johnson, Cleveland, Ohio, was on brief for intervenor.

Before MacKINNON, ROBB and WALD, Circuit Judges.

Opinion for the Court PER CURIAM.

Opinion filed by Circuit Judge WALD, concurring in the decision to affirm.

PER CURIAM.

A complaint herein filed on July 2, 1980 by the Carter-Mondale Reelection Committee ("Carter-Mondale") with the Federal Election Commission ("FEC") requested that said Commission "decline to certify Mr. Reagan and the Republican candidate for Vice President as eligible to receive payments under the [Federal Presidential Campaign...

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