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O'BRIEN v. U.S. DEPT. OF HEALTH AND HUMAN SERVICES

Case No. 4:12-CV-476 (CEJ).

894 F.Supp.2d 1149 (2012)

Frank R. O'BRIEN, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

September 28, 2012.

Attorney(s) appearing for the Case

Francis J. Manion, Geoffrey R. Surtees, American Center for Law and Justice, New Hope, KY, Patrick T. Gillen, Fidelis Center for Law and Policy, Naples, FL, Edward L. White, III, American Center for Law and Justice, Ann Arbor, MI, fro Plaintiff.

Michelle R. Bennett, U.S. Department of Justice, Washington, DC, for Defendant.

Anthony E. Rothert, Grant R. Doty, American Civil Liberties Union of Eastern Missouri, St. Louis, MO, Brigitte Amiri, American Civil Liberties Union, New York, NY, for American Civil Liberties Union.

MEMORANDUM AND ORDER

CAROL E. JACKSON, District Judge.

This matter is before the Court on defendants' motion to dismiss plaintiffs' amended complaint pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure. Plaintiffs oppose the motion, and the issues are fully briefed.1

Plaintiffs bring this action for declaratory and injunctive relief, claiming...

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