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REPUBLICAN PARTY OF MINN. v. KLOBUCHAR

No. 03-2801.

381 F.3d 785 (2004)

REPUBLICAN PARTY OF MINNESOTA, THIRD CONGRESSIONAL DISTRICT, an association, Plaintiff-Appellant, v. Amy KLOBUCHAR, in her official capacity as Hennepin County Attorney; Mike Fahey, in his official capacity as Carver County Attorney, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 26, 2004.

Attorney(s) appearing for the Case

William F. Mohrman, argued, Minneapolis, MN (Erick G. Kaardal and Eric L. Lipman of Minneapolis, MN, on the brief), for appellee.

John M. Baker, argued, Minneapolis, MN (Clifford M. Greene, Minneapolis for Appellee Fahey and Toni A. Beitz, Senior Asst. County Attorney, and Daniel Rogan, Assistant County Attorney, Minneapolis, MN, for on the brief), for appellee.

Before WOLLMAN, HAMILTON, and BYE, Circuit Judges.

HAMILTON, Circuit Judge.

The Republican Party of Minnesota, Third Congressional District (the Party), brought this action alleging three as-applied challenges and one First Amendment facial overbreadth challenge to Minnesota Statute § 211B.06, subdivision 1. Minn. Stat. Ann. § 211B.06, subd. 1 (West Supp. 2004) (hereinafter referred to in text as § 211B.06, subdivision 1). The action follows and stems from the criminal prosecution of John Knight (Knight...

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