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LEE v. MINNER

No. CIV.A. 03-1063-JJF.

369 F.Supp.2d 527 (2005)

Matthew LEE, Plaintiff, v. Ruth Ann MINNER, in her official capacity as Governor of the State of Delaware, and M. Jane Brady, in her official capacity as Attorney General of the State of Delaware, Defendants.

United States District Court, D. Delaware.

May 13, 2005.

Attorney(s) appearing for the Case

Walter Speed Rowland, Wilmington, DE, Institute for Public Representation, Georgetown University Law Center, Washington, DC (Richard McKewen, David C. Vladeck, of counsel), for Plaintiff.

W. Michael Tupman, Deputy Attorney General, of the Delaware Department of Justice, Dover, DE, for State Defendants.

OPINION

FARNAN, District Judge.

Presently before the Court is a Renewed Motion For Summary Judgment (D.I.33) filed by Plaintiff and a Motion for Summary Judgment (D.I.38) filed by Defendants. For the reasons discussed, Plaintiff's Renewed Motion For Summary Judgment will be granted to the extent that he seeks a declaratory judgment that the "citizens only" provision of Delaware's FOIA is unconstitutional under the Privileges and Immunities Clause...

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