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LOG CABIN REPUBLICANS v. U.S.

Case No. CV 04-08425-VAP (Ex).

716 F.Supp.2d 884 (2010)

LOG CABIN REPUBLICANS, a non-profit corporation, Plaintiff, v. UNITED STATES of America and Robert M. Gates, Secretary of Defense, in his official capacity, Defendants.

United States District Court, C.D. California.

October 12, 2010.

Attorney(s) appearing for the Case

Aaron Alexander Kahn , Devon Anne Myers , Earle D. Miller , Fernando L. Aenlle-Rocha , White & Case, Los Angeles, CA, for Log Cabin Republicans.

Daniel J. Woods , White & Case, Los Angeles, CA, Paul G. Freeborne , Joshua Edward Gardner , Ryan Bradley Parker , W. Scott Simpson , United States Department of Justice, Washington, DC, for Log Cabin Republicans and United States of America and Robert M. Gates, Secretary of Defense.

AMENDED & FINAL MEMORANDUM OPINION

[Filed concurrently with Findings of Fact & Conclusions of Law]

VIRGINIA A. PHILLIPS, District Judge.

Plaintiff Log Cabin Republicans attacks the constitutionality of the statute known as the "Don't Ask, Don't Tell" Act ("the Act" or "the Policy"), found at 10 U.S.C. § 654, and its implementing regulations.1 Plaintiff's challenge is two-fold: it contends the...

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