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LEIGH v. OLSON

Civ. No. A3-79-78.

497 F.Supp. 1340 (1980)

Dr. Richard LEIGH, Individually and on behalf of his patients and on behalf of all other physicians and persons similarly situated; and Jane Bovard, Individually and on behalf of all others similarly situated, Plaintiffs, v. Allen I. OLSON, Individually and as Attorney General of the State of North Dakota; James T. Odegard, Individually and as Grand Forks County State's Attorney; Cynthia A. Rothe, Individually and as Cass County State's Attorney; Dr. Jonathan B. Weisbuch, Individually and as State Health Officer of the North Dakota Health Department, Defendants.

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

September 26, 1980.

Attorney(s) appearing for the Case

C. Nicholas Vogel, Atty., Red River Valley Chapter of American Civil Liberties Union, Fargo, N. D., for plaintiffs.

Mervin Nordeng, Asst. State's Atty., Fargo, N. D., for Cynthia A. Rothe.

A. R. Hausauer, Jr., Asst. State's Atty., Grand Forks, N. D., for James T. Odegard.

Allen I. Olson, Atty. Gen. and Rick D. Johnson, Asst. Atty. Gen., Bismarck, N. D., for Allen I. Olson.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

Plaintiffs in this action contend that certain provisions of the North Dakota Abortion Control Act, N.D.Cent.Code ch. 14-02.1, violate the constitutional right of women to obtain an abortion in the first trimester of pregnancy. In its order of July 9, 1979, the court preliminarily enjoined the enforcement of N.D.Cent.Code §§ 14-02.1-02(4), 14-02.1-03, and 14-02.1-06, relating to informed consent to abortion...

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