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PREMINGER v. PRINCIPI

No. 04-16981.

422 F.3d 815 (2005)

Steven R. PREMINGER and Santa Clara County Democratic Central Committee, Plaintiffs-Appellants, v. Anthony J. PRINCIPI, as Secretary of Veterans Affairs and in his personal capacity; Elizabeth Freeman, as Director of the Palo Alto Health Care System and in her personal capacity; Helen Girton; Sacha Poulenz; and Myrel Willeford, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2005.

Attorney(s) appearing for the Case

Michael M. Markman, Heller Ehrman White & McAuliffe LLP, Menlo Park, CA, for the plaintiffs-appellants.

Owen P. Martikan, Assistant United States Attorney, San Francisco, CA, for the defendants-appellees.

Before HAWKINS and GRABER, Circuit Judges, and SELNA, District Judge.

Opinion by Judge GRABER; Concurrence by Judge SELNA.

GRABER, Circuit Judge.

The Santa Clara County Democratic Central Committee and its chair, Steven Preminger, are Plaintiffs in this action. They challenge the Department of Veterans' Affairs' ("VA") exclusion of Preminger and others from VA premises when they tried to register resident veterans to vote. Plaintiffs claim that the VA regulation used to justify their expulsion, which prohibits partisan activities...

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