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STUDENT MEMBERS OF SAME v. RUMSFELD

No. CIV.A.3-03-CV1867 (JCH).

321 F.Supp.2d 388 (2004)

STUDENT MEMBERS OF SAME, et al., Plaintiffs, v. Donald H. RUMSFELD, in his official capacity as U.S. Secretary of Defense, Defendant.

United States District Court, D. Connecticut.

June 9, 2004.

Attorney(s) appearing for the Case

Jennifer L. Burns, Joseph Landau, Carmine D. Boccuzzi, Jr., Catharine M. Clark, Cleary, Gottlieb, Steen & Hamilton, New York, NY, Stewart I. Edelstein, Cohen & Wolf, P.C., Bridgeport, CT, for Plaintiffs.

William M. Brown, Jr., U.S. Attorney's Office, New Haven, CT, Alan S. Modlinger, U.S. Department of Justice, Washington, DC, for Defendant.

RULING ON DEFENDANT'S 12(B)(1) MOTION TO DISMISS

HALL, District Judge.

Defendant Donald Rumsfeld, sued in his official capacity as United States Secretary of Defense, moves under Federal Rule of Civil Procedure 12(b)(1) to dismiss the complaint against him for lack of standing and lack of ripeness. For the following reasons, the motion is denied in part and granted in part.

I. BACKGROUND

Two Yale Law School student organizations, "SAME...

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