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EQUAL ACCESS EDUC. v. MERTEN

No. CIV.A. 03-1113-A.

305 F.Supp.2d 585 (2004)

EQUAL ACCESS EDUCATION, et al., Plaintiffs, v. Alan G. MERTEN, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

February 24, 2004.

Attorney(s) appearing for the Case

Luis Alberto Parada, Catherine Rebekkah Rowland, David M. Orta, Yohai Baisburd, Jorge Almonte, Arnold & Porter, LLP, Washington, DC, Tisha Rae Tallman, Jose Gonzalez, Mexican American Legal Defense and Educational Fund, Atlanta, GA, for Plaintiffs/Movants.

William Henry Hurd, James V. Ingold, Jerry Kilgore, Alison Paige Landry, Maureen Fay Riley Matsen, Andrew Cameron O'Brion, Office of the Attorney General, Richmond, William Eugene Thro, Christopher Newport University, Newport News, for Defendants/Respondents.

MEMORANDUM OPINION

ELLIS, District Judge.

In this case of first impression, plaintiffs claim that various of Virginia's post-secondary educational institutions violate the Constitution's Supremacy, Commerce, and Due Process clauses by denying admission to illegal aliens or to persons they believe to have an "illegal," "unlawful," or "undocumented" immigration status. Threshold dismissal motions by all defendants raise a variety of dispositive issues...

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