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MONTANA CAREGIVERS ASS'N, LLC v. U.S.

No. CV 11-74-M-DWM.

841 F.Supp.2d 1147 (2012)

MONTANA CAREGIVERS ASSOCIATION, LLC, et al., Plaintiffs, v. United States of America, et al., Defendants.

United States District Court, D. Montana, Missoula Division.

January 20, 2012.

Attorney(s) appearing for the Case

Carl B. Jensen, Jr., Law Office of Carl B. Jensen, Great Falls, MT, Timothy N. Baldwin, Baldwin Law Offices, Kalispell, MT, Victoria L. Francis, Office of the U.S. Attorney, Billings, MT, for Plaintiffs.

Joel L. McElvain, U.S. Department of Justice-Civil Division, Washington, DC, Leif M. Johnson, Victoria L. Francis, Office of the U.S. Attorney, Billings, MT, for Defendants.

ORDER

MOLLOY, District Judge.

The defendants move to dismiss the plaintiffs' complaint under Federal Rule of Civil Procedure 12(b)(6) and, alternatively, 12(b)(5). The complaint is dismissed under Rule 12(b)(6), so it is unnecessary to consider Rule 12(b)(5).

BACKGROUND

The plaintiffs describe themselves as "caregivers: growers and distributors of medical marijuana to qualified patients within...

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