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MARIANA v. FISHER

No. CIV. 1:CV-01-2070.

226 F.Supp.2d 575 (2002)

Robert MARIANA, Michael J. McFadden, Karen M. Moran, and Edward M. Nankervis, Plaintiffs v. D. Michael FISHER, in his official capacity as Attorney General of the Commonwealth of Pennsylvania, and Larry P. Williams, in his official capacity as Secretary of Revenue of the Commonwealth of Pennsylvania Defendants

United States District Court, M.D. Pennsylvania.

June 17, 2002.

Attorney(s) appearing for the Case

William M. Wycoff, Thorp Reed & Armstrong, Pittsburgh, Alan R. Wentzel, Robert J. Luddy, Leonard Violi, Windels Marx Lane & Mittendorf, LLP, New York, NY, Donald W. Ricketts, Santa Clarita, CA, Peter A. Mahler, Derfner & Mahler, David F. Dobbins, Patterson, Belknap, Webb & Tyler LLP, New York, NY, Dennis J. O'Brien, Pittsburgh, for Robert Mariana, Michael J. McFadden, Karen M. Moran, Edward M. Nankervis, plaintiffs.

Reeder R. Fox, Duane Morris LLP, Philadelphia, Andrea J. Myers, Deputy Atty General, Office of Attorney General, Allen C. Warshaw, Klett Rooney Lieber & Schorling, P.C., Harrisburg, Edward G. Biester, III, Wayne A. Mack, Jr., Duane Morris LLP, Mark M. Lipowicz, Duane Morris LLP, Philadelphia, Joel M. Ressler, Office of Attorney General, Harrisburg, Frank E. Noyes, II, Duane Morris LLP, Wilmington, DE, for D. Michael Fisher, in his official capacity as Attorney General of the Commonwealth of Pennsylvania, Larry P. Williams, in his official capacity as Secretary of Revenue of the Commonwealth of Pennsylvania, defendants.

MEMORANDUM

RAMBO, District Judge.

Before the court is Defendants' motion to dismiss Plaintiffs' complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), or, in the alternative, pursuant to Rule 12(b)(7). The parties have briefed the issues, and the motion is ripe for disposition.

I. Background

Plaintiffs' complaint, filed on January 10, 2002, alleges the following:

A. Introduction...

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