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ROGERS v. CORBETT

No. 06-2241.

468 F.3d 188 (2006)

Marakay J. ROGERS, Esquire, Candidate for Governor of Pennsylvania; the Green Party of Pennsylvania, c/o Paul Teese, Chair; the Constitution Party of Pennsylvania; Ken V. Krawchuk; Hagan Smith, Appellants. v. Thomas W. CORBETT, Jr., Attorney General of Pennsylvania; Commonwealth of Pennsylvania, c/o Office of the Attorney General of Pennsylvania; Governor Edward G. Rendell; Pedro A. Cortes, Secretary of Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Opinion Filed August 23, 2006.

Panel Rehearing Granted November 3, 2006.

Opinion Filed November 3, 2006.

Attorney(s) appearing for the Case

Samuel C. Stretton, Esquire (Argued), West Chester, PA, for Appellants.

Thomas W. Corbett, Jr., Esquire, Attorney General, Howard G. Hopkirk, Esquire (Argued), Senior Deputy Attorney General, John G. Knorr, III, Esquire, Chief Deputy Attorney General, Chief, Appellate Litigation Section, Office of the Attorney General of Pennsylvania, Harrisburg, PA, for for Appellees.

Before SMITH, ALDISERT, and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge.

Plaintiffs, a group of minor political parties and minor party nominees for state-wide office,1 challenged the constitutionality of Section 2911 of the Pennsylvania election code, 25 PA. STAT. § 2911(b), as applied to minor political parties and their candidates. They moved for a preliminary injunction against Pedro A. Cortes, Secretary of the Commonwealth of Pennsylvania. The District...

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