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PREMINGER v. PEAKE

No. 08-15714.

536 F.3d 1000 (2008)

Steven R. PREMINGER; Santa Clara County Democratic Central Committee, Plaintiffs-Appellants, v. James B. PEAKE, 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; Myrel Willeford, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2008.

Attorney(s) appearing for the Case

Scott Rafferty, Washington, DC, for the plaintiffs-appellants.

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

Before: HAWKINS and SUSAN P. GRABER, Circuit Judges, and JAMES V. SELNA, District Judge.

GRABER, Circuit Judge:

Plaintiffs Steven R. Preminger and the Santa Clara County Democratic Central Committee appeal the district court's dismissal, for lack of standing, of their First Amendment challenge to the Department of Veterans Affairs' ("VA") denial of entry to one of their facilities for the purpose of registering voters. We now hold that Preminger has standing. Nonetheless, we affirm the judgment in favor of the VA because Plaintiffs failed to demonstrate...

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