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SPECIAL PROGRAMS, INC. v. COURTER

Civil Action No. 3:95CV609.

923 F.Supp. 851 (1996)

SPECIAL PROGRAMS, INC., Plaintiff, v. J. Carlton COURTER, III, in his capacity as the Commissioner of the Department of Agriculture and Consumer Services of the Commonwealth of Virginia, Defendant.

United States District Court, E.D. Virginia, Richmond Division.

April 15, 1996.

Attorney(s) appearing for the Case

Warren David Harless, J. Tracy Walker, IV, John Willard Montgomery, Jr., Craig Thomas Merritt, Christian & Barton, Richmond, VA, for Plaintiff.

Joshua Noah Lief, David Benjamin Irvin, Anne Marie Cushmac, Edward Paul Nolde, Office of Attorney General, Richmond, VA, for Defendant.

AMENDED MEMORANDUM OPINION

RICHARD L. WILLIAMS, Senior District Judge.

This case is before the Court on cross-motions for summary judgment on the constitutionality of various provisions of the Virginia Solicitation of Contributions statute. For the reasons stated below, the Court declares that the exception from the definition of charitable organization provided for labor unions and trade associations by VA.CODE ANN. § 57-48 (Michie 1995) is unconstitutional...

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