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KHACHATURIAN v. FEDERAL ELECTION COM'N

No. 92-3846.

980 F.2d 330 (1992)

Jon KHACHATURIAN, Plaintiff, v. FEDERAL ELECTION COMMISSION, and W. Fox McKeithen, in his Official Capacity as Secretary of State for the State of Louisiana, Defendants.

United States Court of Appeals, Fifth Circuit.

December 31, 1992.

Attorney(s) appearing for the Case

George C. Cochran, University of Mississippi, Law Center, University, Miss., Ronald Rychlak, Oxford, Miss., Nan Alessandra, George Barrios, Phelps Dunbar, New Orleans, La., for plaintiff.

Richard B. Bader, Assoc. Gen. Counsel, Lawrence M. Noble, Marcus C. Migliore, Kenneth E. Kellner, Gen. Counsel, Fed. Election Comm., Washington, D.C., for defendants.

Before POLITZ, Chief Judge, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

BY THE COURT:

Plaintiff Jon Khachaturian, an independent candidate for the U.S. Senate, contends that the Federal Election Campaign Act's $1,000 limit on campaign contributions is unconstitutional as applied to his candidacy. Khachaturian brought this action in the district court, which immediately certified it to this court in accordance with 2 U.S.C. § 437h.1 We conclude that certification was premature.

A district court...

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