U.S. Citizens Association, et al v. Kathleen Sebelius, et al

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OPINION and JUDGMENT filed : The grant of summary judgment in favor of defendants on Count One and the Rule 12(b)(6) dismissal of the remaining claims are AFFIRMED. Decision for publication. Richard F. Suhrheinrich, Jane Branstetter Stranch (AUTHORING), and Bernice Bouie Donald, Circuit Judges. [11-3327, 11-3798]

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Case: 11-3327 Document: 006111577461 Filed: 02/01/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nos. 11-3327/3798 Feb 01, 2013 U.S. CITIZENS ASSOCIATION; JAMES GRAPEK; MAURICE A. THOMPSON, Plaintiffs - Appellants, DEBORAH S. HUNT, Clerk EILEEN DANNEMANN, Plaintiff, v. KATHLEEN SEBELIUS, in her official capacity as the Secretary of the U.S. Department of Health and Human Services; TIM OTHY F. GEITHNER, in his official capacity as the Secretary of the U.S. Department of the Treasury; ERIC H. HOLDER, JR., in his official capacity as the Attorney General of the United States; UNITED STATES OF AMERICA, Defendants - Appellees. Before: SUHRHEINRICH, STRANCH, and DONALD, Circuit Judges. JUDGM ENT On Appeal from the United States District Court for the Northern District of Ohio at Akron. THIS CAUSE was heard on the record from the district court and was submitted on the briefs without oral argument. IN CONSIDERATION W HEREOF, it is ORDERED that the grant of summary judgment in favor of defendants on Count One and the Rule 12(b)(6) dismissal of the remaining claims are AFFIRMED. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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