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FLYNT v. RUMSFELD

No. CIV.A. 01-2399(PLF).

245 F.Supp.2d 94 (2003)

Larry FLYNT and LFP, Inc., Plaintiffs, v. Donald H. RUMSFELD, Secretary of Defense, and United States Department of Defense, Defendants.

United States District Court, District of Columbia.

February 19, 2003.

Attorney(s) appearing for the Case

John Perazich, Washington, DC, Roger W. Wilcox, Paul J. Cambria, Jr., Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP, Buffalo, NY, for Plaintiffs.

John R. Griffiths, U.S. Department of Justice Civil Division, David Jay Anderson, U.S. Department of Justice Federal Programs Branch, Vincent Morgan Garvey, U.S. Department of Justice Civil Division, Federal Programs Branch, Washington, DC, for Defendants.

OPINION

PAUL L. FRIEDMAN, District Judge.

This matter is before the Court for consideration of defendants' motion to dismiss plaintiffs' amended complaint or, in the alternative, for summary judgment. Plaintiffs previously moved for a preliminary injunction against Secretary of Defense Donald H. Rumsfeld and the United States Department of Defense, alleging that defendants were restraining their First...

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