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REFORM PARTY OF ALLEGHENY CTY v. ALLEGHENY COUNTY DEPT. OF ELECTIONS

Nos. 96-3677, 97-3359.

174 F.3d 305 (1999)

REFORM PARTY OF ALLEGHENY COUNTY v. ALLEGHENY COUNTY DEPARTMENT OF ELECTIONS; Mark Wolosik, Director of the Allegheny County Department of Elections, Appellants.

United States Court of Appeals, Third Circuit.

Reargued January 13, 1999.

Decided March 30, 1999.

Attorney(s) appearing for the Case

Kerry Fraas, County Solicitor, Allan J. Opsitnick (Argued), Assistant County Solicitor, Michael McAuliffe Miller, Assistant County Solicitor, Allegheny County Law Dept., Pittsburgh, PA, for Appellants.

Cornish F. Hitchcock (Argued), Public Citizen Litigation Group, Washington, D.C., Sarah E. Siskind, Miner, Barnhill & Galland, Madison, WI, Jonathan B. Robison, Pittsburgh, PA, for Appellee.

Before: BECKER, Chief Judge, SLOVITER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, LEWIS, McKEE, RENDELL and ROSENN, Circuit Judges

Argued December 12, 1997.

Before: NYGAARD, ALITO, Circuit Judges and DEBEVOISE, District Judge.1

Reargued January 13, 1999.

Before: BECKER, Chief Judge, SLOVITER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, LEWIS, McKEE, RENDELL and ROSENN, Circuit Judges

OPINION OF THE COURT

ROTH, Circuit Judge:

In this en banc review, we must determine to what extent our earlier decision...

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