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of the Congressional savings clause, the Court believes that resolution of this matter is best left to the legislative branch, and that prudential concerns weigh heavily in favor of judicial abstention.

Accordingly, pursuant to the doctrine of remedial discretion, the Plaintiff's Complaint shall be dismissed, without prejudice to Representative Leach's right to assert any claims he might have as a member of the public with regard to the issues raised herein. The Court shall thus issue an Order of even date herewith consistent with the foregoing Memorandum Opinion.

August 18, 1994

CHARLES R. RICHEY

UNITED STATES DISTRICT JUDGE

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Upon consideration of the parties' cross-motions for judgment, the applicable law, the oral arguments of counsel, the entire record herein, and for all of the reasons articulated in this Court's Memorandum Opinion issued of even date herewith, the Court has determined that the doctrine of remedial discretion counsels against judicial review of the instant dispute.

1994,

Accordingly, it is, by the Court, this 18th day of August,

ORDERED that the above-captioned case shall be, and hereby is, DISMISSED, without prejudice to the right of the Plaintiff to assert any claims he may wish to pursue in his individual capacity as a member of the general public; and it is

FURTHER ORDERED that any and all other pending motions are hereby rendered and declared MOOT.

CHARLES R. RICHEY

UNITED STATES DISTRICT JUDGE

ISBN 0-16-046978-3

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