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MILLER v. BROWN

No. CIV.A. 3:05CV266-HEH.

394 F.Supp.2d 794 (2005)

Larry MILLER, and 11th Senatorial District Republican Committee, Plaintiffs, v. Michael BROWN, in his official capacity as Chairman of the Virginia State Board of Elections, Barbara Hildenbrand, in her official capacity as Vice-Chairman of the Virginia State Board of Elections, and Jean R. Jensen, in her official capacity as Secretary of the Virginia State Board of Elections, Defendants.

United States District Court, E.D. Virginia, Richmond Division.

October 11, 2005.

Attorney(s) appearing for the Case

Kenneth Thomas Cuccinelli, II, Gura & Day LLC, Fairfax, VA, Patrick Michael McSweeney, McSweeney & Crump, P.C., Richmond, VA, for Plaintiffs.

James Walter Hopper, James Christian Stuchell, Office of the Attorney General, Richmond, VA, for Defendants.

MEMORANDUM OPINION

HUDSON, District Judge.

(Defendants' Motion to Dismiss)

THIS MATTER is before the Court on Defendants' Motion to Dismiss filed pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). In essence, the defendants contend that the matters at issue are not justiciable at this point in time. All parties have filed extensive memoranda of law in support of their respective positions. The Court heard oral argument on...

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