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WEST VIRGINIANS FOR LIFE, INC. v. SMITH

Civil Action No. 1:96-0068.

960 F.Supp. 1036 (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, Bluefield Division.

August 29, 1996.

Attorney(s) appearing for the Case

William C. Porth, Robinson & McElwee, Charleston, James Bopp, Jr., Bopp, Coleson, Bostrom, Terre Haute, IN, for plaintiffs.

Charles R. Smith, Princeton, pro se.

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

OPINION

FABER, District Judge.

I. INTRODUCTION

Plaintiffs (hereinafter referred to as "WVFL") filed this civil action on January 30, 1996, seeking declaratory and injunctive relief arising under the Constitution of the United States of America. Plaintiffs allege that recent amendments to Chapter Three of the Campaign Finance Laws of West Virginia, W. Va.Code §§ 3-1A-1 et seq. (1995), violate the First Amendment by chilling their...

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