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ABORTION RIGHTS MOBILIZATION, INC. v. REGAN

No. 80 Civ. 5590 (RLC).

603 F.Supp. 970 (1985)

ABORTION RIGHTS MOBILIZATION, INC., et al., Plaintiffs, v. Donald T. REGAN, Secretary of The Treasury, and Roscoe L. Egger, Jr., Commissioner of Internal Revenue.

United States District Court, S.D. New York.

February 27, 1985.

Attorney(s) appearing for the Case

Marshall Beil, Carol A. Schrager, Karpatkin, Pollet, Perlmutter & Beil, New York City, for plaintiffs; Stephen B. Latham, Joyce Roop, Sybil Shainwald, New York City, of counsel.

Wilfred R. Caron, Gen. Counsel, Mark E. Chopko, Asst. Gen. Counsel, U.S. Catholic Conference, Williams & Connolly, Washington, D.C., Hughes, Hubbard & Reed, New York City, for United States Catholic Conference and National Conference of Catholic Bishops; Charles H. Wilson, Richard S. Hoffman, Washington, D.C., of counsel.

Rudolph W. Giuliani, U.S. Atty. for the Southern District of New York, New York City, for defendants; William J. Brennan, Carolyn L. Simpson, Asst. U.S. Attys., New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

This renewed motion to dismiss the amended complaint for lack of subject matter jurisdiction is based upon the recent Supreme Court decision in Allen v. Wright, ___ U.S. ___, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984). The question presented is whether and to what extent the Allen opinion affects the outcome reached by this court in Abortion Rights Mobilization, Inc. v. Regan, 544...

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