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FLYNN v. HOLDER

No. 10-55643.

665 F.3d 1048 (2011)

Doreen FLYNN; Akiim Deshay; Mike Hamel; Mark Hachey; Kumud Majumder; MoreMarrowDonors.org; John Wagner, M.D., Plaintiffs-Appellants, v. Eric HOLDER Jr., Attorney General of the United States, sued in his Official Capacity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2011.

Attorney(s) appearing for the Case

Jeff Rowes , Institute for Justice, Arlington, VA, for the appellants.

Helen L. Gilbert , U.S. Department of Justice, Washington, D.C., for the appellee.

Aneal R. Ganta , Gibson, Dunn & Crutcher LLP, Irvine, CA, for the amici curiae.

Before: ALFRED T. GOODWIN, ANDREW J. KLEINFELD, and SUSAN P. GRABER, Circuit Judges.

OPINION

KLEINFELD, Senior Circuit Judge:

This is a challenge to a criminal statute prohibiting compensation for "bone marrow" donations.1

I. Facts.

The district court dismissed the complaint for failure to state a claim upon which relief could be granted.2 We take the facts from the allegations in the complaint to determine whether, if proved, they would state an actionable claim...

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