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MONTANA RIGHT TO LIFE ASS'N v. EDDLEMAN

No. CV 96-165-BLG-JDS.

999 F.Supp. 1380 (1998)

MONTANA RIGHT TO LIFE ASSOCIATION, Montana Right to Life Political Action Committee, Julie Daffin, President of Montana Right to Life Association, Plaintiffs, v. Robert EDDLEMAN, in his official capacity as County Attorney for Stillwater County, Montana, and as a representative of the class of district attorneys in the State of Montana, and Ed Argenbright, in his official capacity as Commissioner of Political Practices for the State of Montana, Defendants.

United States District Court, D. Montana, Billings Division.

February 3, 1998.

Attorney(s) appearing for the Case

Timothy J. Whalen, Whalen & Whalen, Billings, MT, Kenneth H. Gray, Jackson & Rice, Helena, MT, James Bopp, Jr., John K. Abegg, Richard E. Coleson, Robert J. Newmeyer, Bopp, Coleson & Bostrom, Terre Haute, IN, for Montana Right to Life Association, Montana Right to Life Political Action Committee.

Timothy J. Whalen, Whalen & Whalen, Billings, MT, James Bopp, Jr., Robert J. Newmeyer, Bopp, Coleson & Bostrom, Terre Haute, IN for Julie Daffin.

Clay R. Smith, Elizabeth S. Baker, W.D. Hutchison, Office of the Montana Attorney General, Helena, MT, for Robert Eddleman, Ed Argenbright.

Jonathan R. Motl, Reynolds, Motl, Sherwood & Wright, Helena, MT, for I-125 PC, I-118 PC, Montana Public Interest Research Group, C.B. Pearson.

ORDER

SHANSTROM, Chief Judge.

Plaintiffs Montana Right to Life Association (MRL), Montana Right to Life Political Action Committee (MRLPAC), and Julie Daffin move for summary judgment contending several Montana election and campaign practice statutes run afoul of the First and Fourteenth Amendments.

1. Mont.Code Ann. § 13-35-227

13-35-227. Prohibited contributions from corporations for candidates or political parties...

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