Longley v. Holahan

Eighth Circuit

Longley v. Holahan

34 F.3d 1366, 1994 WL 472096

CourtCourt of Appeals for the Eighth Circuit

DecidedSeptember 1, 1994

DocketNo. 94-1097

StatusPublished

Cited by5 cases

This text of 34 F.3d 1366 (Longley v. Holahan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Longley v. Holahan, 34 F.3d 1366, 1994 WL 472096 (8th Cir. 1994).

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Opinion

BOWMAN, Circuit Judge.

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 ease, 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).

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BOWMAN, Circuit Judge.

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 ease, 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).

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34 F.3d 1366, 1994 WL 472096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/longley-v-holahan-ca8-1994.

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