ALBANESE v. FEDERAL ELECTION COM'N

No. 667, Docket 95-6099.

78 F.3d 66 (1996)

Sal F. ALBANESE, Tim Carl, Loretta Carl, Joseph Carolei, John Castelli, Stephen Clinton, Gregory Glover, Tinamarie Lambiasi, John O'Donnell, Elaine Polenini, Rochelle Puglisi, Tobias Russo, Terry Silveira and Victor M. Suarez, Plaintiffs-Appellants, v. FEDERAL ELECTION COMMISSION, Susan Molinari, Committee To Re-Elect Susan Molinari, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 12, 1996.


Attorney(s) appearing for the Case

John C. Bonifaz, Boston, Massachusetts (Cristobal Bonifaz, Jason Adkins, Jordan Yeager, Boston, Massachusetts, John W. Carroll, Wolfson & Carroll, New York City, Abigail Turner, National Voting Rights Institute, Boston, Massachusetts, on the brief), for Plaintiffs-Appellants.

Kerry W. Kircher, Washington, D.C. (Cheryl A. Lau, General Counsel, Geraldine R. Gennet, Deputy General Counsel, Michael L. Murray, Senior Assistant Counsel, Barbara K. Bracher, Office of General Counsel, U.S. House of Representatives, Washington, D.C., on the brief), for Defendant-Appellee Susan Molinari.

Lawrence M. Noble, General Counsel, Federal Election Commission, Washington, D.C. (Richard B. Bader, Associate General Counsel, Vivien Clair, Federal Election Commission, Washington, D.C., of counsel), submitted a brief for Defendant-Appellee Federal Election Commission.

Cawse & Birmingham, Staten Island, New York (Richard F. Birmingham, Staten Island, New York, of counsel), for Defendant-Appellee Committee to Re-Elect Susan Molinari, joined the briefs of the other Defendants-Appellees.

Before: KEARSE, MAHONEY, and PARKER, Circuit Judges.


PER CURIAM:

Plaintiffs Sal F. Albanese et al. appeal from a judgment of the United States District Court for the Eastern District of New York, I. Leo Glasser, Judge, dismissing their complaint seeking a judgment declaring, inter alia, that their rights under the Equal Protection Clause of the Fourteenth Amendment, as incorporated into the Due Process Clause of the Fifth Amendment, are violated by (a) the solicitation and use of private funds in...

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