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RIGHT TO LIFE OF MICHIGAN, INC. v. MILLER

No. 1:98-CV-567.

23 F.Supp.2d 766 (1998)

RIGHT TO LIFE OF MICHIGAN, INC., Plaintiff, v. Candice MILLER, in her official capacity as the Michigan Secretary of State; and Frank Kelly, in his official capacity as the Michigan Attorney General, Defendants.

United States District Court, W.D. Michigan, Southern Division.

September 16, 1998.

Attorney(s) appearing for the Case

Donald E. Duba, Flickinger & Plachta, PC, Grand Rapids, MI, Glenn M. Willard, Bopp, Coleson & Bostrom, Terre Haute, IN, for Right to Life of Michigan, Inc.

Gary P. Gordon, Asst. Atty. General, Katherine C. Galvin, Frank J. Kelley, Attorney General, Public Employment & Elections Division, Lansing, MI, for Candice Miller.

Gary P. Gordon, Asst. Atty. General, Katherine C. Galvin, Public Employment & Elections Division, Lansing, MI, for Frank Kelly.

OPINION

ROBERT HOLMES BELL, District Judge.

In this action for declaratory and injunctive relief, Plaintiff Right to Life of Michigan, Inc. challenges the constitutionality of an administrative rule, Rule 169.39b, promulgated by the Michigan Secretary of State on July 27, 1998, pursuant to her authority to implement the Michigan Campaign Finance Act, M.C.L.A. § 169.215(1)(e); M.S.A. § 4.1703(15)(1)(e). The Rule took effect on August 12,...

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