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WERTHEIMER v. FEDERAL ELECTION COM'N.

No. 00-5371.

268 F.3d 1070 (2001)

Fred WERTHEIMER, et al., Appellants, v. FEDERAL ELECTION COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 2001.

Attorney(s) appearing for the Case

Paul A. Engelmayer argued the cause for appellants. With him on the briefs were Roger M. Witten, Daniel H. Squire, and Joshua D. Weinberg.

Richard B. Bader, Associate General Counsel, Federal Election Commission, argued the cause for appellee. With him on the brief was Vivien Clair, Attorney. Lawrence M. Noble, General Counsel, entered an appearance.

Before: GARLAND, Circuit Judge; SILBERMAN and WILLIAMS, Senior Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

Opinion concurring in the judgment filed by Circuit Judge GARLAND.

SILBERMAN, Senior Circuit Judge:

Fred Wertheimer, Scott Harshbarger, and Archibald Cox appeal from the district court's dismissal of their suit for lack of subject matter jurisdiction. They sued under section 9011(b) of the Presidential Election Campaign Fund Act

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