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EAKINS v. NEVADA

No. CV-N-01-0324-DWH(RAM).

219 F.Supp.2d 1113 (2002)

Robert EAKINS, Plaintiff, v. State of NEVADA, Defendant.

United States District Court, D. Nevada.

June 25, 2002.

Attorney(s) appearing for the Case

Terri Keyser-Cooper, Reno, NV, Diane K. Villancourt, Santa Cruz, CA, for plaintiff.

Frankie Sue Del Papa, Attorney General, David K. Neidert, Deputy Attorney General, Criminal Justice Division, Carson City, NV, for defendant.

Allen Lichtenstein, Las Vegas, NV, Daniel P. Tokaji, ACLU Foundation of Southern California, Los Angeles, CA, for intervenor.

ORDER

HAGEN, District Judge.

Before the court are cross motions for summary judgment. Plaintiff Robert Eakins filed a motion for summary judgment (# 25) on September 4, 2001. Defendant opposed (# 39), and plaintiff replied (# 43). Defendant filed with its opposition a cross motion for summary judgment (# 40). All plaintiffs filed papers in opposition (# 44 & # 47), and defendant replied (# 54).

I. Background

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