ARKANSAS RIGHT TO LIFE STATE POLITICAL ACTION COMMITTEE v. BUTLER

Civil No. 97-5064.

972 F.Supp. 1187 (1997)

ARKANSAS RIGHT TO LIFE STATE POLITICAL ACTION COMMITTEE and Marianne Linane, Plaintiffs, v. Brad BUTLER, In His Official Capacity as State Attorney for Benton County, Troy Burris, In His Official Capacity as Chairman and Member of the Arkansas Ethics Commission, Rita Looney, In Her Official Capacity as Member of the Arkansas Ethics Commission, Norton Wilson, In His Official Capacity as Member of the Arkansas Ethics Commission, Candi Sue Russell, In Her Official Capacity as Member of the Arkansas Ethics Commission, and Marvin Delph, In His Official Capacity as a Member of the Arkansas Ethics Commission, Defendants.

United States District Court, W.D. Arkansas, Fayetteville Division.

July 11, 1997.


Attorney(s) appearing for the Case

David G. Nixon, Fayetteville, AR, Michael David Holland, Jr., David G. Nixon & Associates, Fayetteville, AR (Local Counsel), James Bopp, Jr., Dale L. Wilcox, Bopp, Coleson & Bostrom, Terre Haute, IN (Lead Counsel), for Plaintiffs.

Brian G. Brooks, Asst. Atty. Gen., Little Rock, AR, for Defendants.


MEMORANDUM OPINION

H. FRANKLIN WATERS, District Judge.

Currently before the court are defendants' motions to dismiss, motion to transfer, and motion to stay, and plaintiffs' response thereto. For the reasons set forth below, the court finds that said motions should be denied.

I. Facts

Plaintiffs bring this lawsuit challenging the constitutionality of Initiated Act I of 1996 (hereinafter "the Act"), claiming that it impinges on their...

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