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GRANT v. MEYER

No. 84-1949.

828 F.2d 1446 (1987)

Paul K. GRANT, Edward Hoskins, Nancy P. Bigbee, Lori A. Massie, Ralph R. Harrison, Coloradans for Free Enterprise, Inc., a Colorado corporation, Plaintiffs-Appellants, v. Natalie MEYER, in her official capacity as Colorado Secretary of State, and Duane Woodard, Colorado Attorney General, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 2, 1987.

Attorney(s) appearing for the Case

William C. Danks, Denver, Colo., for plaintiffs-appellants.

Maurice G. Knaizer, First Asst. Atty. Gen., Denver, Colo., for defendants-appellees.

Before HOLLOWAY, Chief Judge, and BARRETT, McKAY, LOGAN, SEYMOUR, ANDERSON, TACHA and BALDOCK, Circuit Judges.

OPINION ON REHEARING EN BANC

HOLLOWAY, Chief Judge.

This appeal involves the constitutionality, under the First and Fourteenth Amendments, of Colo.Rev.Stat. § 1-40-110 (1980)1 which makes it a criminal offense2 to pay any consideration for the circulation of initiative or referendum petitions.

The plaintiffs initiated a petition to amend the Colorado Constitution by removing motor carriers...

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