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AMERICAN BAPTIST CHURCHES IN THE U.S.A. v. MEESE

No. C-85-3255 RFP.

712 F.Supp. 756 (1989)

AMERICAN BAPTIST CHURCHES IN THE U.S.A., et al., Plaintiffs, v. Edwin MEESE III, in his official capacity as Attorney General of the United States, and Alan Nelson, in his official capacity as Commissioner of the Immigration and Naturalization Service, Defendants.

United States District Court, N.D. California.

March 24, 1989.

Attorney(s) appearing for the Case

Morton Stavis, Frank E. Deale, Center for Constitutional Rights, New York City, Ellen Yaroshefsky, New York City, Marc Van Der Hout, Nat. Lawyers Guild, Ephraim Margolin, Sandra Coliver, James J. Garrett and Monique Van Yzerlooy, Morrison & Foerster, San Francisco, Cal., for plaintiffs.

Joseph P. Russoniello, U.S. Atty., and Andrew M. Wolfe, Asst. U.S. Atty., San Francisco, Cal., for defendants.

AMENDED MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

PECKHAM, District Judge.

INTRODUCTION

Defendants move for summary judgment on plaintiffs' claim under the Free Exercise clause of the first amendment, dismissal or a stay of plaintiffs' selective enforcement claim, dismissal of the claims of the plaintiff refugee organizations due to lack of associational standing, dismissal of the

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