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KURTH v. GONZALES

No. 1:05-CV-472.

472 F.Supp.2d 874 (2007)

Michael D. KURTH v. Alberto GONZALES in his official capacity as Attorney General of the United States, United States Department of Justice.

United States District Court, E.D. Texas, Beaumont Division.

January 3, 2007.

Attorney(s) appearing for the Case

Russell Ray Smith, Fairchild Price Thomas & Haley, Nacogdoches, TX, for Michael D. Kurth.

Andrea Hedrick Parker, U.S. Attorney, Beaumont, TX, for Alberto Gonzales in his Official Capacity as Attorney General of the United States, United States Department of Justice.

MEMORANDUM OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

HINES, United States Magistrate Judge.

In an earlier memorandum opinion, the court partially addressed defendant's motion to dismiss. See Docket No. 64. That opinion (referred to for convenience as Kurth I) considered asserted defenses that were appropriately analyzed under Federal Rule of Civil Procedure 12.1 This second opinion now addresses...

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