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KINGS ENGLISH, INC. v. SHURTLEFF

No. 2:05-CV-485.

620 F.Supp.2d 1272 (2007)

The KINGS ENGLISH, INC., et al., Plaintiffs, v. Mark SHURTLEFF, In his official capacity as Attorney General of the State of Utah, et al., Defendants.

United States District Court, D. Utah, Central Division.

November 29, 2007.

Attorney(s) appearing for the Case

Wesley D. Felix, Zachary J. Weyher, Howrey LLP, Marina B. Lowe, American Civil Liberties Union of Utah, Salt Lake City, UT, John B. Morris, Jr., Center for Democracy and Technology, Washington, DC, Michael A. Bamberger, Sonnenschein Nath & Rosenthal, New York, NY, for Plaintiffs.

Jerrold S. Jensen, Mark E. Burns, Utah Attorney General's Office, Salt Lake City, UT, for Defendants.

MEMORANDUM OPINION AND ORDER

DEE BENSON, District Judge.

Before the Court is Defendants' motion pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss this action against all Plaintiffs for lack of standing.

Background

Since the early 1970s, Utah law has prohibited persons from intentionally distributing material that is deemed "harmful to minors." See...

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