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PEOPLE OF COLO. EX REL. SUTHERS v. GONZALES

Civil Action No. 07-cv-00478-LTB-MJW.

558 F.Supp.2d 1158 (2008)

The PEOPLE OF the State of COLORADO, ex rel. John SLITHERS, Colorado Attorney General, Plaintiff, v. Alberto GONZALES, in his official capacity as the Attorney General of the United States; Michael Chertoff, in his official capacity as Secretary of the United States, Department of Homeland Security; and United States of America, Defendants.

United States District Court, D. Colorado.

September 21, 2007.

Attorney(s) appearing for the Case

Stephen G. Smith, Colorado Attorney General's Office, Denver, CO, for Plaintiff.

Papu Sandhu, U.S. Department of Justice-Civil Division, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

This matter is before me on Defendants' Motion to Dismiss [Doc # 3]. After consideration of the motion and all related pleadings, as well as the arguments made at the hearing held on September 20, 2007, I grant the motion as set forth below.

I. Background

On November 7, 2006, the voters of the State of Colorado approved referred House Bill 06S-1022. This law, which has been codified...

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