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SHAYS v. FEDERAL ELECTION COM'N

No. Civ. 04-1597(EGS), Civ. 04-1612(EGS).

424 F.Supp.2d 100 (2006)

Representative Christopher SHAYS and Representative Martin Meehan, Plaintiffs, v. FEDERAL ELECTION COMMISSION, Defendant. Bush-Cheney '04, Inc., Plaintiff, v. Federal Election Commission, Defendant.

United States District Court, District of Columbia.

March 29, 2006.

Attorney(s) appearing for the Case

Roger Michael Witten, Wilmer Cutler Pickering Hale and Dorr, LLP, New York, NY, Donald Jay Simon, Sonosky, Chambers, Sachse, Endreson & Perry, Washington, DC, for Plaintiffs.

Colleen T. Sealander, Brant S. Levine, Holly Jean Baker, Robert William Bonham, III, Federal Election Commission, Washington, DC, for Defendant.

MEMORANDUM OPINION

SULLIVAN, District Judge.

Plaintiffs, Representatives Christopher Shays and Martin Meehan, and Bush-Cheney '04, filed this action pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. § 706(2)(A), (C)-(D), claiming that the Federal Election Commission's ("FEC") failure to issue a rule governing when section 527 groups must register as political committees is arbitrary and capricious. Plaintiffs ask the Court to remand...

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