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SAFE AIR FOR EVERYONE v. IDAHO

No. CV06-68-N-EJL.

469 F.Supp.2d 884 (2006)

SAFE AIR FOR EVERYONE, Alex H., by and through her parents and guardians, Cindy Miller, Helen Wootton, Mary Lang, Jim Prall, Glenna Garrison, Doris Yoder, Mike Darrar, Debra Strahm, and Edward Bowers, individually and on behalf of all others similarly situated, Plaintiffs, v. State of IDAHO, and the Idaho State Department of Agriculture, a state agency, Defendants.

United States District Court, D. Idaho.

November 14, 2006.

Attorney(s) appearing for the Case

Ivy D. Arai, Steve W. Berman, Hagens Berman, Seattle, WA, Karen Lindholdt, Spokane, WA, Philip H. Gordon, Gordon Law Offices, Boise, ID, for Plaintiffs.

Clay R. Smith, Office of Attorney General, Boise, ID, for Defendants.

MEMORANDUM ORDER

LODGE, District Judge.

Pending before the Court in the above entitled matter is the Defendants' motion to dismiss. The Court requested additional briefing and held a hearing on the motion to dismiss. The Court has heard and reviewed the parties' briefing, their arguments, and the entire record herein. The matter is now ripe for the Court's consideration.

Factual and Procedural Background

Plaintiffs are Safe Air For Everyone...

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