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N.Y. STATE NAT. ORGANIZATION FOR WOMEN v. TERRY

No. 88 Civ. 3071 (RJW).

697 F.Supp. 1324 (1988)

NEW YORK STATE NATIONAL ORGANIZATION FOR WOMEN; New York City Chapter of the National Organization for Women; National Organization for Women; Religious Coalition for Abortion Rights-New York Metropolitan Area; New York State National Abortion Rights Action League, Inc.; Planned Parenthood of New York City, Inc.; Eastern Women's Center, Inc.; Planned Parenthood Clinic (Bronx); Planned Parenthood Clinic (Brooklyn); Planned Parenthood Margaret Sanger Clinic (Manhattan); OB-GYN Pavilion; the Center for Reproductive and Sexual Health; VIP Medical Associates; Bill Baird Institute (Suffolk); Bill Baird Institute (Nassau); Dr. Thomas J. Mullin; Bill Baird; Reverend Beatrice Blair; Rabbi Dennis Math; Reverend Donald Morlan; and Pro-choice Coalition, Plaintiffs, and City of New York, Plaintiff-Intervenor, v. Randall TERRY; Operation Rescue; Reverend James P. Lisante; Thomas Herlihy; John Doe(s) and Jane Doe(s), the last two being fictitious Names, the real names of said defendants being presently unknown to plaintiffs, said fictitious names being intended to designate organizations or persons who are members of defendant organizations, and others acting in concert with any of the defendants who are engaging in, or intend to engage in, the conduct complained of herein, Defendants.

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

October 27, 1988.

Attorney(s) appearing for the Case

Center for Constitutional Rights, New York City (David Cole, Joan Gibbs, Rhonda Copelon, of counsel), Now Legal Defense and Educ. Fund, New York City (Alison Wetherfield, Sarah Burns, of counsel), Rabinowitz, Boudin, Standard, Krinsky & Lieberman, New York City (Judith Levin, of counsel), for plaintiffs.

Corporation Counsel for the City of New York, New York City (Peter Zimroth, Lorna Goodman, Hilary Weisman, of counsel), for plaintiff-intervenor.

Michael E. Tierney, New York City, A. Lawrence Washburn, Albany, N.Y., for defendants.

OPINION

ROBERT J. WARD, District Judge.

Plaintiffs brought the instant motion for civil contempt pursuant to 18 U.S.C. § 401 and Rule 70, Fed.R.Civ.P., claiming that defendants had violated this Court's order prohibiting the blocking of access to medical facilities where abortions are performed. Defendants have cross-moved to dismiss the complaint, pursuant to Rule 12(b)(6), Fed.R.Civ.P., on the ground that plaintiffs and plaintiff-intervenor lack standing...

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