MEMORANDUM OPINION AND ORDER
ALLEN, Senior District Judge.
Defendants filed a motion to dismiss the pleadings filed by the plaintiffs. The motion was based on the principle that if there is a constitutional challenge to a statute, and there is a way in which the case may be decided without resorting to the decision of the constitutional issue, then the constitutional issue should be avoided. While this is an accurate recitation of the theory, it is...
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