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CENTER FOR AUTO SAFETY, INC. v. ATHEY

No. 93-2417.

37 F.3d 139 (1994)

CENTER FOR AUTO SAFETY, INCORPORATED, Plaintiff-Appellant, v. Tyras ATHEY, Secretary of State of Maryland, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1994.

Attorney(s) appearing for the Case

ARGUED: David Charney Vladeck, Public Citizens Litigation Group, Washington, DC, for appellant. Andrew Howard Baida, Asst. Atty. Gen., Baltimore, MD, for appellee. ON BRIEF: Paul R.Q. Wolfson, Alan B. Morrison, Public Citizens Litigation Group, Washington, DC, for appellant. J. Joseph Curran, Jr., Atty. Gen. of MD, Marlene Trestman, Asst. Atty. Gen., Baltimore, MD, for appellee.

Before WILKINS and HAMILTON, Circuit Judges, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge ELLIS wrote the opinion, in which Judge WILKINS and Judge HAMILTON joined.

OPINION

ELLIS, District Judge:

In this appeal, we consider the constitutionality of Maryland's Charitable Organizations Solicitation Law, Md.Code Ann. Art. 41, § 3-202(g) ("the Statute"), which requires each non-exempt charity seeking to solicit in Maryland to pay a sliding scale fee based on that charity's nationwide level of public...

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