IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
July 15, 2009
CHRISTIAN STREET PHARMACY, ET AL.
CITY OF PHILADELPHIA
The opinion of the court was delivered by: John R. Padova, J.
AND NOW, this 15th day of July, 2009, upon consideration of Defendant City of Philadelphia's Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Docket No. 9), Plaintiffs' response thereto, the parties' arguments at a hearing held on June 15, 2009, and the parties' supplemental briefing on the jurisdictional issues in this case, IT IS HEREBY ORDERED as follows:
1. The City's Motion is GRANTED, to the extent that it raises a jurisdictional defense under the Tax Injunction Act, 28 U.S.C. § 1341.
2. Plaintiffs' Complaint is DISMISSED for lack of subject matter jurisdiction.
3. The Clerk of Court is directed to close this matter statistically.
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