O CENTRO ESPIRITA BENEFICIENTE UNIAO DO VEGETAL v. ASHCROFT

No. CIV.00-1647 JP/RLP.

282 F.Supp.2d 1271 (2002)

O CENTRO ESPIRITA BENEFICIENTE UNIAO DO VEGETAL (a.k.a. Uniao do Vegetal) (USA) ("UDV-USA"), a New Mexico Corporation on its own behalf and on behalf od all its members in the United States, Jeffrey Bronfman, individually and as President of UDV-USA, Christina Barreto, individually and as Secretary of UDV-USA, Fernando Barreto, individually and as Treasurer of UDV-USA, Christine Berman, Mitchel Berman, Jussara de Almeida Dias, Patricia Domingo, David Lenderts, David Martin, Maria Eugenia Pelaez, Bryan Rea, Don St. John, Carmen Tucker, and Solar Law, individually and as members of UDV-USA, Plaintiffs, v. John ASHCROFT, Attorney General of the United States, Donnie R. Marshall, Administrator of the United States Drug Enforcement Administration, Paul H. O'Neill, Secretary of the Department of Treasury of the United States, David Iglesias, United States Attorney for the District of New Mexico, and John O'Toole, Resident Special Agent in Charge of the United States Customs Service Office of Criminal Investigation in Albuquerque, New Mexico, all in their official capacities, Defendants.

United States District Court, D. New Mexico.

December 2, 2002.


Attorney(s) appearing for the Case

Matthew M. Collette (Michael Jay Singer, on the briefs), Appellate Staff Civil Div., Dept. of Justice, Washington, Dc, for Defendants-Appellants.

Nancy Hollander (John W. Boyd, on the brief), Freedom, Boyd, Daniels, Hollander, Goldberg & Cline, P.A., Albuquerque, NM, for Plaintiffs-Appellees.

Gregory S. Baylor, Nathan A. Adams, Kimberlee W. Colby, Center for Law and Religious Freedom, Christian Legal Society, Annandale, VA, for Plaintiffs-Appellees.


MEMORANDUM OPINION AND ORDER

PARKER, Chief Judge.

The Plaintiffs seek a preliminary injunction on a number of grounds, including Equal Protection under the Fifth Amendment to the United States Constitution. On January 7, 2002, the Native American Church of Oklahoma, the Native American Church of North America, and the Native American Church of the Kiowa Tribe of the State of Oklahoma filed a Motion to File an Amicus Curiae Brief in Opposition to Plaintiffs...

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