DAY v. HOLAHAN

Nos. 94-2387, 94-2388, 94-2390 and 94-2587.

34 F.3d 1356 (1994)

Scott DAY, Treasurer of IMPACE-MEA; IMPACE-MEA, a Political Fund; Steve Frazier, a Minnesota taxpayer and contributor to IMPACE-MEA; Richard Kimbler, a taxpayer and an Independent Republican candidate for Secretary of State, Appellants, v. John L. HOLAHAN, Jr., in his capacity as Chair of the Ethical Practices Board, or his successor, Appellee. MINNESOTA CITIZENS CONCERNED FOR LIFE, INC., Appellant, Jacqueline A. Schwietz, individually and as Treasurer of Minnesota Citizens Concerned for Life Committee for State Pro-Life Candidates; Eileen Angell, Plaintiffs, Mitchell Hoyt Unruh; Lori Erickson, Appellants, v. John L. HOLAHAN, Jr., in his capacity as Chair of the Ethical Practices Board; Hubert H. Humphrey, III, in his capacity as Attorney General of the State of Minnesota, Appellees. MINNESOTA CITIZENS CONCERNED FOR LIFE, INC., Plaintiff, Jacqueline A. Schwietz, individually and as Treasurer of Minnesota Citizens Concerned for Life Committee for State Pro-Life Candidates, Appellant, Eileen Angell; Mitchell Hoyt Unruh; Lori Erickson, Plaintiffs, v. John L. HOLAHAN, Jr., in his capacity as Chair of the Ethical Practices Board; Hubert H. Humphrey, III, in his capacity as Attorney General of the State of Minnesota, Appellees. MINNESOTA CITIZENS CONCERNED FOR LIFE, INC.; Jacqueline A. Schwietz, individually and as Treasurer of Minnesota Citizens Concerned for Life Committee for State Pro-Life Candidates; Eileen Angell; Mitchell Hoyt Unruh; Lori Erickson, Appellees, v. John L. HOLAHAN, Jr., in his capacity as Chair of the Ethical Practices Board; Hubert H. Humphrey, III, in his capacity as Attorney General of the State of Minnesota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 1, 1994.


Attorney(s) appearing for the Case

Harley M. Ogata, St. Paul, MN, argued for Scott Day in No. 94-2387 (Eric R. Miller, on the brief).

Frank J. Walz, Minneapolis, MN (argued), for Jacqueline A. Schwietz in No. 94-2390 (Caryn S. Glover, on the brief).

James Bopp, Jr., Terre Haute, IN (argued), for Minnesota Citizens in No. 2388 (John K. Abegg, on the brief).

Joceyln Furtwangler Olson, St. Paul, MN, argued for appellee.

Before BOWMAN and LOKEN, Circuit Judges, and STEVENS, District Judge.


BOWMAN, Circuit Judge.

These consolidated appeals and a cross-appeal challenge the District Court's decision granting summary judgment for and against the appellants and cross-appellees on various constitutional challenges to sections of the campaign reform laws enacted during Minnesota's 1993 legislative session. We granted expedited review of the District Court's orders. Having reviewed de novo the decision to grant summary judgment (there are no disputed...

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