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T.E.P., AND K.J.C. v. LEAVITT

No. 93-C-653A.

840 F.Supp. 110 (1993)

T.E.P., and K.J.C., individually and on behalf of class of persons who were HIV positive or had AIDS at the time of their current marriages and/or became HIV positive or developed AIDS after they married their current spouses, Plaintiffs, v. Michael LEAVITT, Governor; and Janet C. Graham, Attorney General, Defendants.

United States District Court, D. Utah, C.D.

September 17, 1993.

Attorney(s) appearing for the Case

Brian M. Barnard, John Pace, Utah Legal Clinic, Salt Lake City, for plaintiffs.

J. Mark Ward, Asst. Utah Atty. Gen., Carol Clawson, Sol. Gen., Salt Lake City, UT for defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

ALDON J. ANDERSON, Senior District Judge.

Defendants have moved this court for an order of summary judgment declaring Utah Code Ann. § 30-1-2(1) (1993 Supp.) void and invalid and enjoining further enforcement of the statute. Plaintiffs, representing two classes certified by the court by separate order, do not oppose the motion.

Having considered the motion, with accompanying memorandum of...

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