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OVERVIEW BOOKS, LLC v. U.S.

No. 08-CV-1842 (ENV)(CLP).

755 F.Supp.2d 409 (2010)

OVERVIEW BOOKS, LLC, and Lev Tsitrin, Plaintiffs, v. The UNITED STATES of America, The Library of Congress, and James H. Billington as The Librarian of Congress, Defendants.

United States District Court, E.D. New York.

December 13, 2010.

Attorney(s) appearing for the Case

Norman Julius Finkelshteyn, Norman J. Finkelshteyn, Esq., Brooklyn, NY, for Plaintiffs.

John Vagelatos, United States Attorney's Office, Brooklyn, NY, for Defendants.

VITALIANO, District Judge.

Plaintiffs Overview Books LLC and Lev Tsitrin, bring this action against defendants, the United States of America, the Library of Congress, and James H. Billington in his capacity as the Librarian of Congress, alleging violations of the First and Fifth Amendments. Defendants now move to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The crux of the motion involves an analysis of the related preclusion...

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