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GREENBERG v. BUSH

No. 00-CV-5821 (NGG).

150 F.Supp.2d 447 (2001)

Rabbi Ephraim GREENBERG and Mark J. Siedenberg, both individually and as class representatives, Plaintiffs, v. George W. BUSH, individually and as President of the United States, Richard B. Cheney, individually and as Vice-President of the United States, Colin L. Powell, individually and as Secretary of State of the United States, and the United States Department of State, Defendants.

United States District Court, E.D. New York.

July 5, 2001.

Attorney(s) appearing for the Case

E. David Smith, New York City, for Plaintiffs.

Alan Vinegrad, United States Attorney, Eastern District of New York, Philip J. Miller, Assistant U.S. Attorney, Brooklyn, NY, for Defendants.

MEMORANDUM & ORDER

GARAUFIS, District Judge.

Now before this court is Defendants' motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiffs allege that the Executive Branch of the U.S. Government failed to abide by House Joint Resolution 322 of the 67th Congress of the United States ("HJR 322"), and seek relief pursuant to the Declaratory Judgment Act and the Mandamus Act. Plaintiffs seek a temporary restraining order, preliminary and permanent...

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