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VIETH v. PENNSYLVANIA

Civ. No. 1:CV-01-2439.

188 F.Supp.2d 532 (2002)

Richard VIETH, Norma Jean Vieth, and Susan Furey, Plaintiffs, v. Commonwealth of PENNSYLVANIA, et al., Defendants.

United States District Court, M.D. Pennsylvania.

February 22, 2002.

Attorney(s) appearing for the Case

Daniel T. Brier, Donna A. Walsh, Myers, Brier & Kelly, LLP, Scranton, PA, Robert B. Hoffman, Reed Smith LLP, Harrisburg, PA, Paul M. Smith, Thomas J. Perrelli, Bruce V. Spiva, Daniel P. Mach, Brian P. Hauck, Jenner & Block, L.L.C., Washington, DC, for plaintiffs.

J. Bart DeLone, Office of the Attorney General, Appellate Litigation Sect., John P. Krill, Jr., Linda J. Shorey, Helene Eichenwald Loux, Jason E. Oyler, Julia M. Glencer, Kirkpatrick & Lockhart LLP, Harrisburg, PA, for defendants.

OPINION OF THE COURT1

Before the court are: (1) a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by Defendants Commonwealth of Pennsylvania, Pennsylvania Governor Mark Schweiker, Secretary of State Kim Pizzingrilli, and Commissioner of the Bureau of Commissions, Elections, and Legislation Richard Filling ("Executive Officers"); (2) Defendant Executive Officers' motion to dismiss pursuant to...

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