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ROE NO. 2 v. OGDEN

No. 00-1302.

253 F.3d 1225 (2001)

John ROE #2; The Ralph Timothy Potter Chapter of the American Civil Liberties Union at the University of Denver College of Law, Plaintiffs-Appellants, v. Alan OGDEN, in his official capacity as the Executive Director of the Colorado State Board of Law Examiners; and Melanie Backes, Deborah Bianco, Sherry A. Caloia, David Diffee, Jay E. Fernandez, Shari Frausto, Susan M. Hargleroad, Steven J. Hensen, Gary Jackson, Doris G. Kaplan, and Helen Stone, in their official capacities as members of the Bar Committee of the Colorado State Board of Law Examiners, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 19, 2001.

Attorney(s) appearing for the Case

Stephen G. Masciocchi (David D. Powell, Jr. and Susannah Pollvogt, Holland & Hart, L.L.P. and Mark Silverstein, American Civil Liberties Union Foundation of Colorado, with him on the briefs), Denver, CO, for Appellants.

Dianne E. Eret, Assistant Attorney General (and Ken Salazar, Attorney General, with her on the brief), Denver, CO, for Defendants-Appellees.

Before KELLY, McWILLIAMS, and REAVLEY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

John Roe #2 and the Ralph Timothy Potter Chapter of the American Civil Liberties Union at the University of Denver College of Law (collectively, the "Students") appeal from the district court's dismissal of their complaint. The district court concluded that the Students lacked standing, that their claims were not ripe, and that abstention was appropriate. We have jurisdiction under 28 U.S.C. § 1291 and reverse. The Students' action...

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