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PSA, LLC v. GONZALES

Civil Action No. 06-3212.

461 F.Supp.2d 351 (2006)

PSA, LLC, et al. v. Alberto R. GONZALES, et al.

United States District Court, E.D. Pennsylvania.

November 13, 2006.

Attorney(s) appearing for the Case

Arthur Donato, Jr., Media, PA, Joseph P. Green, Jr., Duffy Green & Redmond, West Chester, PA, Neal Robert Troum, Stradley Ronon Stevens & Young, Philadelphia, PA, for PSA, LLC, et al.

Mary Catherine Frye, Assistant U.S. Attorney, United States Attorney's Office, Philadelphia, PA, for Alberto R. Gonzales, et al.

MEMORANDUM

DALZELL, District Judge.

Plaintiffs in this action seek both a declaratory judgment that their proposed Internet pharmacy operation is lawful and an injunction preventing the Department of Justice (DOJ) and the Drug Enforcement Agency (DEA) from prosecuting them. The Government moves to dismiss under Fed.R.Civ.P. 12(b)(1), arguing that (1) plaintiffs lack standing, (2) the matter is not ripe for adjudication, and (3) 21 U.S.C. § 877...

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