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FARGO WOMEN'S HEALTH ORGANIZATION v. SCHAFER

Civ. No. A3-91-95.

819 F.Supp. 865 (1993)

FARGO WOMEN'S HEALTH ORGANIZATION, Susan Wicklund, M.D., George M. Miks, M.D., Cynthia Palmer, Craig Shoemaker, M.D., and Jane Doe, Plaintiffs, v. Edward T. SCHAFER, as Governor of the State of North Dakota; Heidi Heitkamp, as Attorney General of the State of North Dakota, Defendants.

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

March 9, 1993.

Attorney(s) appearing for the Case

C. Nicholas Vogel, Mart Daniel Vogel, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, ND, Janet Benshoof, Suzanne Shende, Kathryn Kolbert, American Civil Liberties Union Foundation, Simon Heller, Center for Reproductive Law & Policy, New York City, for plaintiffs.

Sidney Hertz Fiergola, Atty. Gen.'s Office, Laurie J. Loveland, Bismarck, ND, for defendants.

ORDER

WEBB, Chief Judge.

Before the court is plaintiffs' motion for stay and injunction pending appeal (docket # 86). Defendants resist the motion (docket # 93). Plaintiffs have also moved the court for an expedited decision of their motion (docket # 90). For reasons that follow, plaintiffs' motion for stay and injunction is DENIED.

On February 19, 1993, this court rejected a facial challenge to the constitutionality of certain provisions...

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