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FAMINE RELIEF FUND v. STATE OF W. VA.

No. 89-2167.

905 F.2d 747 (1990)

FAMINE RELIEF FUND, Plaintiff-Appellant, v. STATE OF WEST VIRGINIA; Ken Hechler, an individual, in his official capacity as Secretary of State of the State of West Virginia, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1990.

Rehearing and Rehearing Denied August 13, 1990.

Attorney(s) appearing for the Case

Charles Richard McElwee, Robinson & McElwee, Charleston, W.Va., for plaintiff-appellant.

Robert J. Lamont, Sr. Deputy Atty. Gen., Charleston, W.Va., for defendants-appellees.

William C. Porth, Jr., Robinson & McElwee, Charleston, W.Va., Steven Drexell Simpson, Elizabeth D. Scott, Sharon L. Hartman, Maupin, Taylor, Ellis & Adams, P.A., Raleigh, N.C., on brief, for plaintiff-appellant.

Roger W. Tompkins, Atty. Gen., David P. Cleek, Charleston, W.Va., on brief, for defendants-appellees.

Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 13, 1990.

ERVIN, Chief Judge:

In this appeal, appellant Famine Relief Fund ("the Fund") challenges the constitutionality of the West Virginia Solicitation of Charitable Funds Act ("the Act" or "the Solicitation Act"). The case arose from the refusal of the Secretary of State of West Virginia ("the Secretary") to renew the Fund's license to solicit charitable funds. The Fund's amended complaint, filed in the United...

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