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DEM. SENATORIAL CAMPAIGN v. FED. ELECTION COM'N

No. 80-2074.

660 F.2d 773 (1980)

DEMOCRATIC SENATORIAL CAMPAIGN COMMITTEE, Appellant, v. FEDERAL ELECTION COMMISSION, National Republican Senatorial Committee, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 9, 1980.

Attorney(s) appearing for the Case

Robert F. Bauer, Washington, D. C., with whom William E. McDaniels, John J. Buckley, and F. Whitten Peters, Washington, D. C., were on the brief, for appellant.

Kathleen Imig Perkins, Asst. Gen. Counsel, Federal Election Commission, Washington, D. C., with whom Charles N. Steele, Gen. Counsel, Federal Election Commission, Washington, D. C., was on the brief, for appellee.

James F. Schoener, Washington, D. C., for intervenor.

Before WRIGHT, Chief Judge, and WILKEY and GINSBURG, Circuit Judges.

Opinion PER CURIAM.

Dissenting opinion filed by Circuit Judge WILKEY.

PER CURIAM:

This case calls for construction of the Federal Election Campaign Act of 1971 (FECA) and its 1974 and 1976 Amendments, 2 U.S.C. § 431 et seq.1 Under a provision of the Act that permits the State committees of the political parties to make expenditures on behalf of senatorial candidates,2 a number

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