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COLORADO TAXPAYERS UNION, INC. v. ROMER

Nos. 91-1005, 91-1019.

963 F.2d 1394 (1992)

COLORADO TAXPAYERS UNION, INC.; Colorado Libertarian Party; Mary Lind; David Aitkin; Vern Bickel; Pasquale Francomano; Clyde Harkins; Basil R. Walton, Jr., Plaintiffs-Appellants/Cross-Appellees, and Janet Gustafson; Gene Levy, Plaintiffs, v. Roy ROMER, individually, and as Governor of the State of Colorado, Defendant-Appellee/Cross-Appellant, and Citizens for Representative Government; Phil Fox; Clark Shaw; Does 1 through 20, Defendants.

United States Court of Appeals, Tenth Circuit.

May 15, 1992.

Attorney(s) appearing for the Case

Carla T. Main (Brian M. Cogan, of Stroock & Stroock & Lavan, New York City, Wayne E. Stockton, Fort Collins, Colo., and Michael McDonald, Center for Individual Rights, Washington, D.C., of counsel, with her on the briefs), of Stroock & Stroock & Lavan, New York City, for plaintiffs-appellants/cross-appellees.

Maurice Knaizer, Office of Atty. Gen., (Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., and Timothy M. Tymkovich, Sol. Gen., on the briefs), for defendant-appellee/cross-appellant.

Roxanne Campbell, Aurora, Colo., Alden Kautz, William Johnson, Roy Peister, Littleton, Colo.; Donald Turner, pro se amici, curiae.

Before ANDERSON and TACHA, Circuit Judges, and COOK, District Judge.

TACHA, Circuit Judge.

Appellants appeal an order of the district court granting defendants' motion for summary judgment. Colorado Taxpayers Union, Inc. v. Romer, 750 F.Supp. 1041 (D.Colo.1990). On appeal, appellants contend that the Governor of Colorado violated their First Amendment rights by using state resources to defeat an amendment on the ballot at a Colorado general election. Appellee Romer cross appeals asserting...

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