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NATIONAL FEDERATION OF THE BLIND v. F.T.C.

No. 04-1378.

420 F.3d 331 (2005)

NATIONAL FEDERATION OF THE BLIND; Special Olympics Maryland, Incorporated, Plaintiffs-Appellants, v. FEDERAL TRADE COMMISSION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 2005.

Attorney(s) appearing for the Case

ARGUED: M. Errol Copilevitz, Copilevitz & Canter, L.L.C., Kansas City, Missouri, for Appellants. Michael Daniel Bergman, Federal Trade Commission, Washington, D.C., for Appellee. ON BRIEF: William E. Raney, Kristen E. Bloemker, Copilevitz & Canter, L.L.C., Kansas City, Missouri, for Appellants. William E. Kovacic, General, John F. Daly, Deputy General for Litigation, Lawrence DeMille-Wagman, Federal Trade Commission, Washington, D.C., for Appellee.

Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER joined. Judge DUNCAN wrote a dissenting opinion.

OPINION

WILKINSON, Circuit Judge.

This case presents a challenge to the Federal Trade Commission's regulation restricting telemarketing practices as they apply to charitable fundraising. The regulation requires callers to make certain disclosures, refrain from making late-night,

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