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FRATERNAL ORDER OF POLICE v. STENEHJEM

No. CIV. A3-03-74.

287 F.Supp.2d 1023 (2003)

FRATERNAL ORDER OF POLICE, North Dakota State Lodge and Veterans of Foreign Wars — Department of North Dakota, Plaintiffs, v. Wayne STENEHJEM, in his official capacity as Attorney General of the State of North Dakota, Defendant.

United States District Court, D. North Dakota, Southeastern Division.

October 17, 2003.

Attorney(s) appearing for the Case

Sidney J. Spaeth, Vogel Law Firm, Fargo, ND, Errol Copilevitz, William Edward Raney, Copilevitz & Canter, LLC, Kansas City, MO, for plaintiffs.

Douglas Alan Bahr, Attorney General's Office Civil Litigation, Bismarck, ND, for defendant.

MEMORANDUM OPINION AND ORDER

ERICKSON, District Judge.

Before the Court is a motion by Plaintiffs for a preliminary injunction (doc. # 5), a motion by Defendant to dismiss the case (doc. # 12), and a motion by Plaintiffs for judgment as a matter of law (doc. # 18). Both parties have filed briefs on these motions, and the Court heard oral arguments on October 10, 2003.

FACTS

During the 2003 Legislative Session, the North Dakota Legislature...

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