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VALLEY FAMILY PLANNING v. STATE OF N. D.

Civ. No. A3-79-87.

475 F.Supp. 100 (1979)

VALLEY FAMILY PLANNING, a North Dakota nonprofit corporation, on behalf of itself, and all others similarly situated, Shari Doe, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. The STATE OF NORTH DAKOTA, Arthur A. Link, Individually and as Governor of the State of North Dakota, Dr. Jonathan Weisbuch, Individually and as State Health Officer, Allen Olson, Individually and as Attorney General of the State of North Dakota, Jim Odegard, Individually and as County Attorney of Grand Forks County, their agents, representatives, successors, those acting in concert with them and all others similarly situated, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

August 16, 1979.

Attorney(s) appearing for the Case

Larry F. Nordick, Legal Assistance of N.D., Inc., Fargo, N.D., Janet L. Benshoof and Judith Levin, American Civil Liberties Union Foundation, New York City, Stephen L. Pevar, American Civil Liberties Union, Mountain States Office, Denver, Colo., for plaintiffs.

David S. Niss, Asst. Atty. Gen., Office of Allen I. Olson, Atty.Gen., Bismarck, N.D., for defendants.

A. R. Hausauer, Jr., Asst. States Atty., Grand Forks, N.D., for Jim T. Odegard, States Atty. of Grand Forks County.

ORDER

BENSON, Chief Judge.

Plaintiffs in the above-entitled action seek declaratory and injunctive relief against the enforcement of N.D.Cent.Code § 14-02.3-02, a provision of a statute entitled "Abortion Accessibility Restricted," which became effective on April 8, 1979. The challenged section, N.D.Cent.Code § 14-02.3-02, provides:

No funds of this state or any agency, county, municipality, or any other subdivision thereof and no federal...

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