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PMG INTERN. DIV., LLC v. COHEN

No. C-98-21138-JF.

57 F.Supp.2d 916 (1999)

PMG INTERNATIONAL DIVISION, LLC, et al., Plaintiffs, v. William S. COHEN, et al., Defendants.

United States District Court, N.D. California, San Jose Division.

July 13, 1999.

Attorney(s) appearing for the Case

Sonnenschein Nath & Rosenthal, by Michael A. Bamberger, New York City, Sonnenschein Nath & Rosenthal, by Peter A. Smalbach, San Francisco, CA, Goldstein, Goldstein and Hilley, by Gerald H. Goldstein, Cynthia Hujar Orr, San Antonio, TX, for the plaintiffs.

U.S. Department of Justice Civil Division, by David O. Buchholz, Washington, DC, for the defendants.

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

FOGEL, District Judge.

Plaintiffs seek a preliminary injunction which would bar defendants from enforcing 10 U.S.C § 2489a, a statute also known as "The Military Honor and Decency Act." For the reasons set forth herein, plaintiffs' motion will be denied.

I. BACKGROUND

The subject legislation (hereinafter, "the Act") was enacted by Congress in 1996. Subsection (a) of the Act provides that...

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