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AMERICAN CIVIL LIBERTIES UNION v. JOHNSON

No. Civ 98-474 LH/DJS.

4 F.Supp.2d 1024 (1998)

AMERICAN CIVIL LIBERTIES UNION, Mark Amerika of Alt-X, Art on the Net, Feminist.Com, Full Circle Books, OB-Gyn.Net, Santa Fe Online, Sexual Health Institute, Stop Prisoner Rape, Jeff Walsh of Oasis Magazine, American Booksellers Foundation for Free Expression, Association of American Publishers, Inc., Electronic Frontier Foundation, Freedom to Read Foundation, Inc., International Periodical Distributors Association, New Mexico Library Association, Pen American Center, Periodical and Book Association of America, Publishers Marketing Association, and Recording Industry Association of America, Plaintiffs, v. Gary JOHNSON, in his official capacity as Governor of the State of New Mexico, and Tom Udall, in his official capacity as Attorney General of the State of New Mexico, Defendants.

United States District Court, D. New Mexico.

June 24, 1998.

Attorney(s) appearing for the Case

Christopher A. Hansen, Ann Beeson, Michael A. Bamberger, New York City, Philip B. Davis, Albuquerque, NM, for Plaintiffs.

Tom Udall, Robert Tabor Booms, Steven L. Bunch, Tim Vasquez, Santa Fe, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

HANSEN, District Judge.

THIS MATTER comes before the Court on Defendants' Motion to Dismiss or Abstain (Docket No. 5), filed May 20, 1998, and Defendants' Motion to Dismiss Based on the Eleventh Amendment (Docket No. 21), filed June 5, 1998. The Court, having considered the pleadings submitted by the parties, the arguments of counsel, and otherwise being fully advised, finds that the motions are not well taken...

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