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ILLINOIS EX REL. MADIGAN v. TELEMARKETING ASSOCIATES, INC.

No. 01-1806.

538 U.S. 600 (2003)

ILLINOIS EX REL. MADIGAN, ATTORNEY GENERAL OF ILLINOIS v. TELEMARKETING ASSOCIATES, INC., ET AL.

Supreme Court of United States.

Decided May 5, 2003.

Attorney(s) appearing for the Case

Richard S. Huszagh, Assistant Attorney General of Illinois, argued the cause for petitioner. With him on the briefs were Lisa Madigan, Attorney General, James E. Ryan, former Attorney General, Joel D. Bertocchi, Solicitor General, Barry B. Gross, Chief Deputy Attorney General, and Jerald S. Post, Floyd D. Perkins, and Matthew D. Shapiro, Assistant Attorneys General.

Deputy Solicitor General Clement argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Matthew D. Roberts, Jacob M. Lewis, and Catherine Hancock.

Errol Copilevitz argued the cause for respondents. With him on the brief were William E. Raney, Mackenzie Canter III, and Mark Diskin.*

GINSBURG, J., delivered the opinion for a unanimous Court. SCALIA, J., filed a concurring opinion, in which THOMAS, J., joined, p. 624.

JUSTICE GINSBURG delivered the opinion of the Court.

This case concerns the amenability of for-profit fundraising corporations to suit by the Attorney General of Illinois for fraudulent charitable solicitations. The controversy arises from the fundraisers' contracts with a charitable nonprofit corporation organized to advance the welfare of Vietnam veterans; under the contracts, the fundraisers were to retain 85 percent of...

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