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Litigation -- Related Documents

This page provides access to other documents pertaining to the selected cases below. Summaries of most litigation involving the FEC, and to court opinions may be found on the FEC Litigation Page.

Links to documents on this page:

• Adams: FEC v.
• Bialek v. Mukasey (formerly Bialek v. Keisler; Bialek v. Gonzales)
• Christian Civic League of Maine, Inc. (CCL) v. FEC
• Citizens for Responsibility and Ethics in Washington (CREW) v. FEC (2006)
• Citizens United v. FEC
• Club for Growth: FEC v.
• Davis v. FEC
• Davenport v. Washington Education Association (05-1657)(05-1589)
• Democratic National Committee (DNC) v. FEC (08-1083)
• EMILY's List v. FEC
• Fieger v. FEC
• Hagelin v. FEC
• Kalogianis: FEC v.
• Marcus v. Mukasey (formerly Marcus v. Gonzales)
• McConnell v. FEC
• Morgan: FEC v.
• Shays and Meehan v. FEC (2002) -- "Shays I"
• Shays and Meehan v. FEC and Bush-Cheney '04, Inc., v. FEC (2004) -- "Shays II"
• Shays and Meehan v. FEC (2006) -- "Shays III"
• SpeechNow.org v. FEC
• Unity08 v. FEC
• Wisconsin Right to Life (WRTL) v. FEC

The PDF files on this web site may be viewed or printed using Acrobat Reader from Adobe. Documents marked [Word] may be read using Microsoft Word from Microsoft.

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Adams: FEC v. (07-4419)

• FEC's Reply to Defendant Stephen Adams' Opposition to FEC's Motion for Partial Judgment as to Certain Affirmative Defenses (1/28/08) [PDF; 16 pages]
• FEC's Memorandum of Points and Authorities in Opposition to Defendant Stephen Adams' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) (1/18/08) [PDF; 30 pages]

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Bialek v. Mukasey(07-1284)
[formerly Bialek v. Keisler; Bialek v. Gonzales]

Appeals Court Documents:

• Brief for the Federal Election Commission Chairman in His Official Capacity (9/28/07) [PDF; 49 pages]

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Christian Civic League of Maine, Inc. (CCL) v. FEC

District Court Documents:

• Memorandum Opinion Granting FEC's Motion to Dismiss (9/27/06) [PDF; 14 pages]
• Opinion and Order Denying Plaintiff's Motion for Preliminary Injunction (5/9/06) [PDF; 16 pages]
• FEC's Opposition to Plaintiff's Motion for Preliminary Injunction (4/17/06) [PDF; 52 pages]
• Motion for Preliminary Injunction filed by Plaintiff (4/3/06) [PDF; 34 pages]
• Complaint filed by Plaintiff (4/3/06) [PDF; 20 pages]

Supreme Court Documents:

• Supreme Court Summary Disposition - Remand to DC District Court (June 29, 2007) [PDF; 1 page]
• Motion to Dismiss or Affirm for the Federal Election Commission (December 2006) [PDF; 34 pages]
• Order Denying Appellant's Motion to Expedite and Consolidate Briefing (5/15/06) [PDF; 1 page]
• Jurisdictional Statement filed by Appellant (5/12/06) [PDF; 73 pages]
• Motion to Expedite and Consolidate Briefing filed by Appellant (5/12/06) [PDF; 6 pages]

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Citizens for Responsibility and Ethics in Washington (CREW) v. FEC
(06-5014)

Appeals Court Documents:

• Brief for the Federal Election Commission (July 31, 2006) [PDF; 47 pages]

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Citizens United v. FEC (07-2240)

Supreme Court Documents:

• Supplemental Brief for the Appellee (FEC) (March 2008) [PDF; 10 pages]
• Citizens United's Supplement to Motion to Expedite and Advance on Docket (2/14/08) [PDF; 3 pages]
• FEC's Motion to Dismiss or Affirm (2/14/08) [PDF; 29 pages]

District Court Documents:

• Defendant FEC's Motion for Summary Judgment (6/6/08) [PDF; 71 pages]
• Errata for Memo Opinion denying CU's Motion for Preliminary Injunction (1/16/08) [PDF; 1 page]
• Memorandum Opinion denying Citizens United's Motion for Preliminary Injunction (1/15/08) [PDF; 15 pages]
• Defendant FEC's Memorandum in Opposition to Plaintiff's Second Motion for Preliminary Injunction (01/08/08) [PDF; 29 pages]
• Plaintiff Citizens United's Second Motion for Preliminary Injunction (12/21/07) [PDF; 22 pages]
• Plaintiff Citizens United's Amended Verified Complaint for Declaratory and Injunctive Relief (12/21/07) [PDF; 20 pages]
• Defendant FEC's Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction (12/20/07) [PDF; 50 pages]
• Response to Plaintiff Citizens United's Motion to Expedite (12/20/07) [PDF; 2 pages]
• Defendant FEC's Memorandum in Opposition to Plaintiff's Motion for Consolidation of the Trial on the Merits with the Hearing on the Preliminary Injunction (12/20/07) [PDF; 12 pages]
• Plaintiff Citizens United's Motion for Preliminary Injunction and Memorandum in Support of the Motion for Preliminary Injunction (December 2007) [PDF; 43 pages]
• Verified Complaint for Declaratory and Injunctive Relief (December 2007) [PDF; 15 pages]

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Club for Growth: FEC v.

• Consent Judgment (9/5/07) [PDF; 4 pages]
• Stipulation for Entry of Consent Judgment (9/5/07) [PDF; 9 pages]
• Order Denying Defendant's Motion for an Interlocutory Appeal Certification; Denying Defendant's Motion to Stay (10/10/06) [PDF; 1 page]
• Memorandum Opinion Denying Defendant's Motion for an Interlocutory Appeal Certification (10/10/06) [PDF; 6 pages]
• Memorandum Opinion Denying Defendant's Motion to Dismiss (6/5/06) [PDF; 13 pages]
• Complaint filed by FEC (9/19/05) [PDF; 15 pages]

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Davis v. FEC

Supreme Court Documents:

• Reply Brief for the Appellant (4/11/08) [PDF; 26 pages]
• Brief for Democracy 21, The Campaign Legal Center, Brennan Center for Justice at NYU School of Law, and Public Citizen, Inc. as Amici Curiae in Support of Appellee (March 2008) [PDF; 35 pages]
• Brief of Gene DeRossett and J. Edgar Broyhill II as Amici Curiae in Support of Appellant (2/27/08) [PDF; 46 pages]
• Brief for the Center for Competitive Politics as Amicus Curiae in Support of Appellant (2/27/08) [PDF; 33 pages]
• Brief of Amici Curiae James Madison Center for Free Speech and Citizens United Supporting Appellant (2/27/08) [PDF; 44 pages]
• Brief of Amicus Curiae The Cato Institute in Support of Neither Party (2/27/08) [PDF; 36 pages]
• Brief for the Appellee (March 2008) [PDF; 66 pages]
• FEC Motion to Dismiss or Affirm (December 2007) [PDF; 33 pages]

District Court Documents:

• Memorandum Opinion Granting FEC Motion for Summary Judgment (8/9/07) [PDF; 18 pages]
• Judgment in favor of Defendant FEC (8/9/07) [PDF; 1 page]
• FEC's Reply in Support of its Motion for Summary Judgment (10/6/06) [PDF; 25 pages]
• FEC's Memo in Support of its Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment (9/8/06) [PDF; 43 pages]
• Complaint filed by Plaintiff (6/28/06) [PDF; 15 pages]
• Complaint attachments (6/28/06) [PDF; 4 pages]

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Davenport v. Washington Education Association (05-1657)(05-1589)

Supreme Court Documents:

• Opinion (6/14/07) [PDF; 13 pages]
• Concurring Opinion (6/14/07) [PDF; 1 page]
• Syllabus (6/14/07) [PDF; 3 pages]
• Brief for the United States as Amicus Curiae Supporting Petitioners (Davenport) (November 2006) [PDF; 37 pages]

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Democratic National Committee (DNC) v. FEC (08-1083)

District Court Documents:

• Complaint for Declaratory and Injunctive Relief (6/24/08) [PDF; 22 pages]

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EMILY's List v. FEC

Appeals Court Documents:

• FEC's Brief (10/12/05) [PDF; 62 pages]

District Court Documents:

• FEC's Reply Memorandum in Support of its Second Motion for Summary Judgment (11/20/07) [PDF; 27 pages]
• FEC's Second Motion for Summary Judgment and Memorandum in Support of its Second Motion for Summary Judgment and in Opposition to Plaintiff's Second Motion for Summary Judgment (10/9/07) [PDF; 79 pages]
• FEC's Motion for Summary Judgment (6/6/05) [PDF; 57 pages]
• Memorandum of Amici Curiae in Opposition to Plaintiff's Motion for Preliminary Injunction [PDF; 101 pages]
• FEC's Opposition to Plaintiff's Application for a Preliminary Injunction (1/24/05) [PDF; 48 pages]
• FEC's Exhibits in Support of Opposition (1/24/05) [PDF; 166 pages]
• Complaint filed by Plaintiff (1/12/05) [PDF; 17 pages]

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Fieger v. FEC (07-2291)

• Final Brief for the FEC Chairman in His Official Capacity (3/17/08) [PDF; 57 pages]
• Proof Brief for the FEC Chairman in His Official Capacity (1/31/08) [PDF; 57 pages]

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Hagelin v. FEC

• Reply brief for the FEC, on Appeal from the U.S. District Court (DC) (3/10/05) [PDF; 23 pages]
• Brief for the FEC, on Appeal from the U.S. District Court (DC) (1/25/05) [PDF; 28 pages]

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Kalogianis: FEC v.

District Court Documents

• Order (11/30/07) [PDF; 14 pages]
• FEC's Opposition to Defendant's Motion for Summary Judgment (3/23/07) [PDF; 36 pages]
• FEC's Summary Judgment Motion (2/28/07) [PDF; 46 pages]

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Marcus v. United States Attorney General Michael Mukasey and Federal Election Commission (08-15643)
[formerly Marcus v. Gonzales]

Appeals Court Documents:

• Brief for the Federal Election Commission (6/3/08) [PDF; 58 pages]

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McConnell v. FEC

Supreme Court Documents

• Opinion (12/10/03) [PDF; 298 pages]
• Syllabus (12/10/03) [PDF; 19 pages]
• Summary, from the FEC Record, January 2004, page 1 [PDF]

• The Supreme Court's web page for the BCRA Litigation

• Docket for McConnell v. FEC (No. 02-1676)

FEC Documents in Supreme Court Litigation

• Memorandum to counsel (No. 02-1674) [Word]
• Order for briefing schedule and setting oral argument for September 8, 2003, as received by FEC (No. 02-1674) [Word]

On Appeal From the United States District Court for the District of Columbia:

• FEC Supreme Court Jurisdictional Statement [PDF; 52 pages]
• Reply Brief [PDF; 10 pages]
                                   

District Court Documents

Stay Issued by District Court in McConnell, et al. v. FEC, et. al:

• Stay Issued by District Court (May 19, 2003)[PDF]
• FEC press release regarding request for stay in implementing decision (May 9, 2003)
• Memorandum of Points And Authorities In Support of the Government Defendants; Motion for Stay of Final Judgment Pending Appeal to the Supreme Court of the United States [PDF; 17 pages]
• Memorandum of Points And Authorities In Support of the Government Defendants; Emergency Motion for Temporary Stay Pending Consideration of Motion for Stay of Final Judgment Pending Appeal to the Supreme Court of the United States [PDF; 6 pages]

District Court Ruling:

• Order and Final Judgment [PDF; 6 pages]
• Per Curiam Opinion of Judge Kollar-Kotelly and Judge Leon [PDF; 171 pages]
• Order Regarding Sealed Matters [PDF; 7 pages]
• Memorandum Opinion Regarding Sealed Matters [PDF; 56 pages]
• Memorandum Opinion of Judge Henderson [PDF; 345 pages]
• Memorandum Opinion of Judge Kollar-Kotelly [PDF; 706 pages]
• Memorandum Opinion of Judge Leon [PDF; 347 pages]

Other Documents of Interest:

• Opposition Brief of the Defendants in McConnell, et al. v. FEC, et. al. [PDF]
• Redacted Brief of the Government Defendants in McConnell, et. al. v. FEC, et. al.  [PDF]
• Summary of BCRA litigation, from the FEC Record, June 2002, page 4 [PDF]

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Morgan: FEC v.

• Complaint (12/5/07) [PDF; 23 pages]

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Shays and Meehan v. FEC -- "Shays I"

Appeals Court and Related Documents (04-5352):

• Appeals Court's Order Denying Petition for Rehearing En Banc (October 21, 2005) [PDF; 1 page]
  • FEC's Petition for Rehearing En Banc [PDF; 16 pages]
• FEC's Reply Brief [PDF; 23 pages]
• Appellant's Brief [PDF; 47 pages]
• FEC Press Release on decision to appeal district court ruling in Shays and Meehan v. FEC I (9/28/04)

District Court Ruling and Related Documents (02-1984):

• Summary, from the FEC Record, November 2004, page 1 [PDF]
• District Court's Order and Memorandum Opinion Denying Stay (10/19/04) [PDF; 27 pages]
• FEC Reply in Support of Motion to Stay (10/12/04) [PDF; 10 pages]
• FEC Motion to Stay District Court Ruling (10/1/04) [PDF; 17 pages]
• Memorandum Opinion of District Court (Issued 9/18/04) [PDF; 157 pages]
• FEC's Memorandum and Motion for Summary Judgment (2/27/04) [PDF; 92 pages]
• Statement of Material Facts (2/27/04) [PDF; 5 pages]
• Proposed Order (2/27/04) [PDF; 1 page]

Other Documents of Interest:

• Summary of Shays and Meehan v. FEC, from the FEC Record, December 2002, page 13 [PDF]

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Shays and Meehan v. FEC -- "Shays II" (C.A. No. 04-1597) and Bush-Cheney'04, Inc., v. FEC (C.A. No. 04-1621) (Consolidated Action)

• FEC's Reply Memorandum in Support of the Commission's Second Motion for Summary Judgment (6/12/07) [PDF; 22 pages]
• FEC's Memorandum in Support of the Commission's Second Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Further Relief (5/8/07) [PDF; 54 pages]
• FEC's Second Motion for Summary Judgment (5/8/07) [PDF; 2 pages]
• FEC's Reply Memorandum in Support of the Commission's Motion for Summary Judgment (8/25/05) [PDF; 25 pages]
• FEC's Memorandum in Reply to Plaintiffs' Memorandum in Opposition to Defendant's Motion to Strike Plaintiffs' Exhibits (8/26/05) [PDF; 15 pages]
• FEC's Motion to Strike Exhibit of Amici Curiae U.S. Senators John McCain and Russell D. Feingold (8/26/05) [PDF; 12 pages]
• Proposed Order [PDF; 2 pages]
• FEC's Motion for Summary Judgment (6/7/05) [PDF; 56 pages]
• FEC's First Amended Complaint for Declaratory and Injunctive Relief (1/14/05) [PDF; 23 pages]
• FEC's Complaint for Declaratory and Injunctive Relief (9/14/04) [PDF; 22 pages]

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Shays and Meehan v. FEC -- "Shays III"

Appeals Court and Related Documents (07-5360, 07-5361):

• Response and Reply Brief for the Federal Election Commission (3/7/08) [PDF; 66 pages]
• Initial Brief for the Federal Election Commission (1/15/08) [PDF; 60 pages]

District Court and Related Documents (C.A. No. 06-1247):

• FEC Notice of Appeal (10/16/07) [PDF; 1 page]
• Memorandum Opinion (9/12/07) [PDF; 94 pages]
• Order (9/12/07) [PDF; 2 pages]
• FEC Reply Memorandum in Support of its Motion for Summary Judgment (3/16/07) [PDF; 55 pages]
• FEC Memorandum in Support of its Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment (1/19/07) [PDF; 106 pages]
• Complaint filed by Plaintiff (7/11/06) [PDF; 38 pages]

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SpeechNow.org v. FEC (08-00248)

• FEC's Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction (3/5/08) [PDF; 54 pages]
• SpeechNow.org's Motion for Preliminary Injunction (2/14/08) [PDF; 40 pages]
• Complaint for Declaratory and Injunctive Relief (2/14/08) [PDF; 27 pages]

 

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Unity08, et al. v. FEC

• FEC Reply Memorandum in Support of its Motion for Summary Judgment (5/25/07) [PDF; 31 pages]
• FEC Memorandum in Support of its Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment (4/11/07) [PDF; 54 pages]

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Wisconsin Right to Life (WRTL) v. FEC

Supreme Court Documents (06-969 and 06-970)

Briefs on the Merits

• Reply Brief for Appellant Senator John McCain, Representatives Tammy Baldwin, Christopher Shays and Martin Meehan (April 2007) [PDF; 26 pages]
• Reply Brief for Appellant FEC (April 2007) [PDF; 23 pages]
• Brief for Appellee WRTL (March 2007) [PDF; 85 pages]
• Brief for Appellant FEC (February 2007) [PDF; 52 pages]
• Brief for Appellant Senator John McCain, Representatives Tammy Baldwin, Christopher Shays and Martin Meehan (February 2007) [PDF; 51 pages]

Amicus Briefs in Support of Appellants (FEC)

• Brief Amici Curiae of Norman Dorsen, Aryeh Neier, Burt Neuborne and John Shattuck (Brennan Center) in Support of Appellants (February 2007) [PDF; 28 pages]
• Brief for Amici Curiae the League of Women Voters of the United States, Common Cause, Inc., the Greenlining Institute and United States Public Interest Research Group in Support of Appellants (February 2007) [PDF; 36 pages]
• Brief Amici Curiae of Richard Briffault and Richard L. Hasen in Support of Appellant and Inervenor-Appellants (February 2007) [PDF; 34 pages]
• Brief Amici Curiae of Committee for Economic Development, Norman Ornstein, Thomas Mann, and Anthony Corrado in Support of Appellants (February 2007) [PDF; 36 pages]

Amicus Briefs in Support of Appellees (WRTL)

• Brief of the Republican National Committee as Amici Curiae Supporting Appellee (3/23/07) [PDF; 15 pages]
• Brief of Amici Curiae, National Rifle Association in Support of Appellee (3/27/07) [PDF; 35 pages]
• Brief of Family Research Council, Free Market Foundation and Home School Legal Defense Association as Amici Curiae in Support of Appellee (3/23/07) [PDF; 38 pages]
• Brief Amici Curiae on Behalf of the Alliance for Justice (3/23/07) [PDF; 36 pages]
• Brief of the American Federation of Labor and Congress of Industrial Organizations as Amici Curiae in Support of Appellee (3/23/07) [PDF; 36 pages]
• Brief of National Association of Realtors as Amici Curiae in Support of Appellee (3/23/07) [PDF; 33 pages]
• Brief Amici Curiae of Citizens United, Citizens United Foundation, Gun Owners of America Inc., Gun Owners Foundation, Joyce Meyer Ministries, Conservative Legal Defense and Education Fund, Free Speech Coalition Inc., Free Speech Defense and Education Fund Inc., Lincoln Institute, Public Advocate of the United States, Downsided.org and Downsize D.C. Foundation in Support of Appellee (3/23/07) [PDF; 39 pages]
• Brief of Amici Curiae, the Center for Competitive Politics, the Institute for Justice, Reason Foundation, the Individual Rights Foundation and the Cato Institute in Support of Appellee (3/23/07) [PDF; 36 pages]
• Brief of a Coalition of Public Charities as Amici Curiae in Support of Appellee (3/23/07) [PDF; 45 pages]
• Brief of Amici Curiae, Chamber of Commerce of the United States in Support of Appellee (3/23/07) [PDF; 45 pages]
• Brief of United States Senator Mitch McConnell as Amici Curiae in Support of Appellee (3/23/07) [PDF 33 pages]
• Brief Amici Curiae of the American Civil Liberties Union in Support of Appellee (3/22/07) [PDF; 33 pages]
• Brief Amici Curiae of the American Center for Law and Justice and Focus on the Family in Support of Appellee (3/23/07) [PDF; 291 pages]

District Court Documents (04-1260) -- on Remand:

• Order granting WRTL's Motion for Summary Judgment (12/21/06) [PDF; 46 pages]
• Memorandum Opinion Denying WRTL's Motion for Temporary Restraining Order and Preliminary Injunction (filed 9/13/06) [PDF; 13 pages]
• FEC's Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (filed 8/31/06) [PDF; 44 pages]
• FEC's Reply in Support of its Motion for Summary Judgment (filed 8/18/06) [PDF; 32 pages]
• FEC's Exhibits in Support of its Motion for Summary Judgment (filed 8/18/06) [PDF; 23 pages]
• FEC's Motion for Summary Judgment (filed 7/14/06) [PDF; 116 pages]

Supreme Court Documents (04-1581):

• Per Curiam decision (1/23/06) [PDF; 3 pages]
• FEC's Brief (December 2005) [PDF; 56 pages]
• WRTL's Motion to Dismiss or Affirm the District Court's Dismissal of its Constitutional Challenge (7/27/05) [PDF; 25 pages]
• Order Denying Injunction (9/14/04) [PDF; 2 pages]
• Docket for WRTL v. FEC
• Opposition of FEC to Application Pending Appeal (filed by Solicitor General 9/13/04) [PDF; 23 pages]
• Summary, from the FEC Record, October 2004, page 1 [PDF]

Appeals Court Documents (04-5292):

• Order of DC Circuit Court (9/1/04) [PDF; 2 pages]
• FEC's Combined Opposition to WRTL's Emergency Motion for an Injunction Pending Appeal and Motion to Expedite Disposition (filed 8/27/04) [PDF; 27 pages]
• FEC's Motion to Dismiss for Lack of Jurisdiction (filed 8/27/04) [PDF; 4 pages]

District Court Documents (04-1260):

• FEC's Motion for Summary Judgment [PDF; 27 pages]
• Summary, from the FEC Record, September 2004, page 1 [PDF]
• Memorandum Opinion and Order [PDF; 12 pages]
• FEC's Opposition to Motion for Preliminary Injunction (filed 8/9/04) [PDF]
• Amended Verified Complaint for Declaratory and Injunctive Relief (September 2004) [PDF; 16 pages]
• Verified Complaint for Declaratory and Injunctive Relief (7/28/04) [PDF; 19 pages]

 

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