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U.S. STUDENT ASS'N FOUNDATION v. LAND

No. 08-2352.

546 F.3d 373 (2008)

UNITED STATES STUDENT ASSOCIATION FOUNDATION, as an organization and representative of its members, American Civil Liberties Union Fund of Michigan, as an organization and representative of its members, American Civil Liberties Union of Michigan, as an organization and representative of its members, Plaintiffs-Appellees, Michigan State Conference of NAACP Branches, Plaintiff, v. Terri Lynn LAND, Michigan Secretary of State, and Christopher M. Thomas, Michigan Director of Elections, in their official capacities, Defendants-Appellants, Frances McMullan, City Clerk for Ypsilanti, Michigan, Defendant.

United States Court of Appeals, Sixth Circuit.

October 29, 2008.

Attorney(s) appearing for the Case

Matthew J. Lund, Mary K. Deon, Deborah T. Kovsky-Apap, Pepper Hamilton, Detroit, MI, Bradley E. Heard, Advancement Project, Washington, DC, for Plaintiff-Appellees.

Heather S. Meingast, Denise C. Barton, Michigan Attorney General's Office, Lansing, MI, for Defendants-Appellants.

John M. Barr, Ypsilanti, MI, for Defendant.

MOORE, J., delivered the opinion of the court, in which WHITE, J., joined. VINSON, D.J. (pp. 389-84), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendants-Appellants, Michigan Secretary of State Terri Lynn Land ("the Secretary") and Director of Elections Christopher M. Thomas ("the Director") (collectively, "defendants"), bring this emergency motion to stay a preliminary injunction that the district court issued in favor of plaintiffs-appellees, the United States Student Association Foundation, the ACLU Fund of...

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