PEEBLER v. RENO

Civil No. CV 97-256-HA.

965 F.Supp. 28 (1997)

Margaret A. PEEBLER and Tim Nay, Plaintiffs, v. Janet RENO, Attorney General of the United States of America, Defendant.

United States District Court, D. Oregon.

May 5, 1997.


Attorney(s) appearing for the Case

James S. Coon, Swanson, Thomas & Coon, Portland, OR, for Plaintiffs.

Frank W. Hunger, Assistant Attorney General, Kristine Olson, U.S. Attorney, District of Oregon, Craig J. Casey, Assistant U.S. Attorney, Portland, OR, Sheila M. Lieber, Eric S. Angel, U.S. Dept. of Justice, Civil Division — Federal Programs Branch, Washington, DC, for Defendant.


AMENDED OPINION and ORDER

HAGGERTY, District Judge:

On February 14, 1997, Plaintiffs filed this action for declaratory relief seeking a judicial declaration that 42 U.S.C. § 1320a-7b(a)(6) is unconstitutional. On April 2, 1997, Defendant filed a motion to dismiss the action for lack of subject matter jurisdiction. For the reasons that follow, Defendant's motion to dismiss is GRANTED.

BACKGROUND

In 1988, Congress passed 42 U.S.C. &...

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