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FUND FOR COMMUNITY PROGRESS, INC. v. KANE

No. 91-1040.

943 F.2d 137 (1991)

FUND FOR COMMUNITY PROGRESS, INC., Plaintiff, Appellant, v. John J. KANE, etc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 3, 1991.

Attorney(s) appearing for the Case

John W. Dineen, with whom Yesser, Jessup & Green, Providence, R.I., was on brief, for plaintiff, appellant.

David W. Dugan, with whom James E. O'Neil, Atty. Gen., Barbara E. Grady, Sp. Asst. Atty. Gen., Providence, R.I., were on brief, for defendant, appellee.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

The State of Rhode Island, through defendant State of Rhode Island Department of Administration, runs an annual charitable fundraising drive ("State Employees Charitable Appeal" (SECA)) through which state employees may make contributions by automatic payroll deduction to a number of charitable organizations. SECA is governed by the State Employees Campaign Regulations. These regulations provide that "the administration and management...

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