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COUNTY OF SANTA CRUZ, CAL. v. ASHCROFT

No. C-03-1802 JF.

279 F.Supp.2d 1192 (2003)

COUNTY OF SANTA CRUZ, CALIFORNIA; City of Santa Cruz, California; Valerie Corral; Eladio V. Acosta; James Daniel Baehr; Michael Cheslosky; Jennifer Lee Hentz; Dorothy Gibbs; Harold F. Margolin; and Wo/Men's Alliance for Medical Marijuana, Plaintiffs, v. John ASHCROFT, Attorney General of the United States; William B. Simpkins, Acting Administrator of the Drug Enforcement Administration; John P. Walters, Director of the Office of National Drug Control Policy; and 30 Unknown Drug Enforcement Administration Agents, Defendants.

United States District Court, N.D. California, San Jose Division.

August 28, 2003.

Attorney(s) appearing for the Case

Benjamin Rice, Gerald Uelmen, John G. Barisone, Atchison, Barisone & Condotti, Santa Cruz, CA, Daniel Abrahamson, Drug Policy Alliance, Office of Legal Affairs, Oakland, CA, Frank Kennamer, Bingham, McCutchen, LLP, San Francisco, CA, Judith Appel, Drug Policy Alliance, Office of Legal Affairs, Oakland, CA, Lauri A. Schumacher, Neha Shah Nissen, Troy Sauro, Bingham, McCutchen, LLP, San Francisco, CA, for Plaintiffs.

Mark Thomas Quinlivan, U.S. Department of Justice, Washington, DC, for Defendants.

ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND GRANTING DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND

FOGEL, District Judge.

Plaintiffs seek a preliminary injunction enjoining Defendants from conducting further raids or seizures against Plaintiff Wo/Men's Alliance for Medical Marijuana ("WAMM") and its member-patients, and from conducting raids or seizures against patients using marijuana for medicinal purposes in compliance with California...

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