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VALLEY FAMILY PLANNING v. STATE OF N. D.

Civ. No. A3-79-87.

489 F.Supp. 238 (1980)

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 Odegaard, 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.

May 15, 1980.

Attorney(s) appearing for the Case

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

Allen I. Olson, Atty. Gen., Davis S. Niss, Asst. Atty. Gen., Bismarck, N. D., James T. Odegard, State's Atty. of Grand Forks Co., A. R. Hausauer, Jr., Asst. State's Atty., Grand Forks Co., N. D., for defendants.

ORDER

BENSON, Chief Judge.

Plaintiffs in the above entitled action contend that N.D.Cent.Code § 14-02.3-02 is invalid because it conflicts with federal statutory law and with the United States Constitution. This court has preliminarily enjoined the enforcement of § 14-02.3-02 pending the issuance of a declaratory judgment. 475 F.Supp. 100, 105 (D.N.D.1979). There are now before the court cross motions for summary...

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