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TEPER v. MILLER

No. 96-8147.

82 F.3d 989 (1996)

Doug TEPER, Louis Feingold, Alan Ulman, Plaintiffs-Appellees, v. Zell MILLER, in his official capacity as Governor of the State of Georgia, Michael Bowers, in his official capacity as Attorney General of the State of Georgia, Max Cleland, in his official capacity as Secretary of State of the State of Georgia, Steven Scheer, Steven White, Michael D. Mcrae, Brian Foster, in their official capacities as Members of the Georgia State Ethics Commission, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 24, 1996.

Attorney(s) appearing for the Case

Michael Bowers, Atty. General, Dennis R. Dunn, Atlanta, GA, for appellants.

Kenneth S. Canfield, Doffermyre, Shields, Canfield, Knowles & Devine, Atlanta, GA, for appellees.

Before KRAVITCH and CARNES, Circuit Judges, and HILL, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

Officials of the State of Georgia appeal the grant of a preliminary injunction against enforcement of O.C.G.A. § 21-5-35 to prohibit a member of the General Assembly from accepting contributions for a campaign for federal office while the General Assembly is in session. The court (Judge Hill dissenting) affirms the district court's grant of the preliminary injunction, concluding that the Georgia...

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