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BURT v. RUMSFELD

No. CIV.A. 3-03-CV1777 (JCH).

322 F.Supp.2d 189 (2004)

Robert A. BURT, et al., Plaintiffs, v. Donald H. RUMSFELD, in his official capacity as U.S. Secretary of Defense, Defendant.

United States District Court, D. Connecticut.

June 9, 2004.

Attorney(s) appearing for the Case

David N. Rosen, Rosen & Dolan, P.C., New Haven, CT, Alma Hadar, Andrew B. Kratenstein, Daniel Slifkin, Rebecca Nordhaus, Cravath, Swaine & Moore, New York, NY, for Plaintiffs.

William M. Brown, Jr., U.S. Attorney's Office, New Haven, CT, Alan S. Modlinger, U.S. Department of Justice, Washington, DC, for Defendant.

Paul M. Dodyk, Cravath, Swaine & Moore, New York, NY, for Plaintiffs and Movants.

Robert J. Sickinger, Cummings & Lockwood, Stamford, CT, for Movants.

RULING ON DEFENDANT'S RULE 12(B)(1) MOTION TO DISMISS

HALL, District Judge.

Defendant Donald Rumsfeld, sued in his official capacity as Secretary of Defense, moves under Federal Rule of Civil Procedure 12(b)(1) to dismiss the complaint against him for lack of standing and lack of ripeness. For the following reasons, the motion is denied.

I. BACKGROUND

Since 1978, Yale Law School ("YLS") has prohibited discrimination on the basis of sexual...

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