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AMERICAN ASS'N OF POLITICAL CONSULTANTS v. FCC

No. 18-1588.

923 F.3d 159 (2019)

AMERICAN ASSOCIATION OF POLITICAL CONSULTANTS, INC.; Democratic Party of Oregon, Inc.; Public Policy Polling, LLC; Washington State Democratic Central Committee, Plaintiffs-Appellants, and Tea Party Forward PAC, Plaintiff, v. FEDERAL COMMUNICATIONS COMMISSION; William P. Barr, in his official capacity as Attorney General of the United States, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 24, 2019.

Attorney(s) appearing for the Case

ARGUED: William Edward Raney, I , COPILEVITZ & CANTER LLC, Kansas City, Missouri, for Appellants. Lindsey Powell , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Kellie Mitchell Bubeck , COPILEVITZ & CANTER LLC, Kansas City, Missouri; Charles George , WYRICK ROBBINS YATES & PONTON LLP, Raleigh, North Carolina, for Appellants. Chad A. Readler , Acting Assistant Attorney General, Mark B. Stern , Michael S. Raab , Appellate Staff, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Robert J. Higdon, Jr. , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees.

Vacated and remanded by published opinion. Judge King wrote the opinion, in which Judge Keenan and Judge Quattlebaum joined.

The American Association of Political Consultants, Inc. and three other plaintiffs (hereinafter the "Plaintiffs") appeal from a summary judgment award made by the district court to the defendants, the Federal Communications Commission (the "FCC") and the Attorney General (collectively the "Government"). See Am. Ass'n of Political...

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