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CITIZENS FOR EQUAL PROTECTION, INC. v. BRUNING

No. 4:03CV3155.

290 F.Supp.2d 1004 (2003)

CITIZENS FOR EQUAL PROTECTION, INC.; Nebraska Advocates for Justice and Equality, Inc.; and ACLU Nebraska, Plaintiffs, v. Attorney General Jon BRUNING and Governor Michael O. Johanns, Defendants.

United States District Court, D. Nebraska.

November 10, 2003.

Attorney(s) appearing for the Case

Amy A. Miller, American Civil Liberties Union Foundation of Nebraska, Lincoln, NE, David S. Buckel, Lambda Legal, New York, NY, Fred B. Chase, Lambda Legal, Dallas, TX, James D. Esseks, Tamara Lange, ACLU Foundation, New York, NY, Robert F. Bartle, Bartle, Geier Law Firm, Lincoln, NE, for Plaintiffs.

Matthew W. McNair, Attorney General's Office, Lincoln, NE, for Defendants.

MEMORANDUM AND ORDER

BATAILLON, District Judge.

Introduction

This matter is before the court on defendants' motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(1) and 12(b)(6). Filing No. 22. Defendants contend that this case should be dismissed as the plaintiffs lack standing, the case lacks ripeness, and the cause of action for bill of attainder should be dismissed. I have carefully reviewed the record, briefs in support of and in opposition...

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