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WEST VIRGINIANS FOR LIFE, INC. v. SMITH

Civil A. No. 1:96-0068.

919 F.Supp. 954 (1996)

WEST VIRGINIANS FOR LIFE, INC., Joseph Shoda, Treasurer of West Virginians For Life, Beth Pruett, Kenneth Pruett, Dallas Bragg, and Karen Suzanna Brooks, Plaintiffs, v. Charles R. SMITH, in his official capacity as Prosecuting Attorney for Mercer County, West Virginia, and as a representative of the class of Prosecuting Attorneys in the State of West Virginia, Ken Hechler, in his official capacity as Secretary of State for West Virginia and as an ex-officio member of the West Virginia Election Commission, Defendants.

United States District Court, S.D. West Virginia.

March 11, 1996.

Attorney(s) appearing for the Case

William C. Porth, Robinson & McElwee, Charleston, WV and James Bopp, Jr., John K. Abegg, Bopp, Coleson & Bostrom, Terre Haute, IN, for plaintiffs.

Charles R. Smith, Princeton, WV, for Defendant Charles R. Smith.

Darrell V. McGraw, Jr., Attorney General and Amie Johnson, Assistant Attorney General, Charleston, WV, for Defendant Ken Hechler, Sec. of State.

MEMORANDUM OPINION

FABER, District Judge.

I. INTRODUCTION

Plaintiffs filed this civil action on January 30, 1996, seeking declaratory and injunctive relief arising under the Constitution of the United States of America. Plaintiff West Virginians for Life, Inc. ("WVFL") is a nonprofit corporation incorporated in West Virginia which alleges that it would like to engage in "issue advocacy" in West Virginia through the preparation and distribution...

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