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Longley v. Holahan

United States Court of Appeals, Eighth Circuit
Sep 1, 1994
34 F.3d 1366 (8th Cir. 1994)

Summary

following Munsingwear procedure when entire case was mooted during appeal of preliminary injunction

Summary of this case from Miller v. Glanz

Opinion

No. 94-1097.

Submitted June 16, 1994.

Decided September 1, 1994.

Harlan M. Goulett, of Minneapolis, MN, argued, for appellant.

Jocelyn Furtwangler Olson, St. Paul, MN, argued, for appellee.

Appeal from the United States District Court for the District of Minnesota.

Before BOWMAN and LOKEN, Circuit Judges, and STEVENS, District Judge.

The Honorable Joseph E. Stevens, Jr., Chief Judge, United States District Court for the Western District of Missouri, sitting by designation.



The Republican Victory Club and its co-treasurers (collectively RVC) appeal the District Court's denial of their motion for a preliminary injunction. RVC sought to enjoin enforcement of the Minnesota law that forbids political committees or funds from accepting "aggregate contributions from an individual, political committee, or political fund in an amount more than $100 a year." Minn.Stat. § 10A.27 subd. 12 (Supp. 1993).

We have now resolved, on the merits, constitutional challenges made to section 10A.27 subd. 12 in a companion case, Day v. Holahan, 34 F.3d 1356 (8th Cir. 1994), and we have declared that subdivision to be unconstitutional and unenforceable. Therefore the present case is now moot. Accordingly, we dismiss the appeal, vacate the order of the District Court, and remand with instructions that the case be dismissed. See United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950).


Summaries of

Longley v. Holahan

United States Court of Appeals, Eighth Circuit
Sep 1, 1994
34 F.3d 1366 (8th Cir. 1994)

following Munsingwear procedure when entire case was mooted during appeal of preliminary injunction

Summary of this case from Miller v. Glanz
Case details for

Longley v. Holahan

Case Details

Full title:CHRISTOPHER LONGLEY; PATRICK McCARTHY, CO-TREASURERS OF THE REPUBLICAN…

Court:United States Court of Appeals, Eighth Circuit

Date published: Sep 1, 1994

Citations

34 F.3d 1366 (8th Cir. 1994)

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