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WEEKS v. CONNICK

Nos. 73-469, 74-2425 and 74-3197.

733 F.Supp. 1036 (1990)

Linda Faye WEEKS, Wife of Gary Albert Raimer and Gary Albert Raimer, on behalf of themselves and others similarly situated, Plaintiffs, v. Hon. Harry CONNICK, District Attorney of the Parish of Orleans; Hon. William J. Guste, Jr., Attorney General of the State of Louisiana and Dr. William H. Stewart, Director of Health and Human Resources Administration, Defendants. Calvin JACKSON, M.D. and Delta Women's Clinic, Plaintiffs, v. William J. GUSTE, Jr., Attorney General of Louisiana; Charles B. Odom, M.D., Louisiana State Board of Medical Examiners; Harry J. Connick, District Attorney; William J. Steward, M.D., Health and Human Resources Administration, individually and in their official capacities, Defendants. MOTHER DOE, Individually and on behalf of her minor daughter, Jane Doe, and on behalf of all others similarly situated, Plaintiffs, v. William H. STEWART, M.D., individually and in his official capacity as Commissioner of the State of Louisiana Health and Human Resources Administration; and Garland L. Bonin, individually and in his official capacity as Director of Family Services of the State of Louisiana Health and Human Resources Administration, Defendants.

United States District Court, E.D. Louisiana.

January 23, 1990.

Attorney(s) appearing for the Case

William E. Rittenberg, ACLU of Louisiana, New Orleans, La. (Lawrence Blake Jones, Scheuermann & Jones, New Orleans, La., of counsel), Rachael N. Pine, Trial Atty., Janet Benshoof, Lynn M. Paltrow and Kathryn Kolbert, American Civil Liberties Union (Jean M. McCarroll and Deborah Goldberg, Berle, Kass & Case, New York City, of counsel), for plaintiffs.

Jack Peebles, Chief Crim. Div., Office of the District Atty., New Orleans, La., John S. Baker, Jr., Trial Atty., Baton Rouge, La., Jenifer Schaye and Meredith H. Lieux, Asst. Attys. Gen., for defendants.

William J. Guste, Jr., Baton Rouge, La., pro se.

Before W. EUGENE DAVIS, Circuit Judge, and SEAR and FELDMAN, District Judges.

W. EUGENE DAVIS, Circuit Judge, Sitting by Designation:

The District Attorney of Orleans Parish and the Louisiana Attorney General (collectively, the state) moved under Fed.R.Civ.P. 60(b)(5) to dissolve the 1976 injunction against enforcement of Louisiana's criminal abortion statutes. For the reasons set out below we deny the motion.

I. Background

The four actions in which this court entered its 1976 injunction were filed after the United...

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