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LITTLE ROCK FAMILY PLANNING SERVICES v. DALTON

No. LR-C-93-803.

860 F.Supp. 609 (1994)

LITTLE ROCK FAMILY PLANNING SERVICES, P.A.; Curtis E. Stover, M.D.; Fayetteville Women's Clinic; and Tom Tvedten, M.D., on behalf of themselves and the Medicaid-eligible women of the state of Arkansas to whom they provide health care, Plaintiffs, v. Thomas DALTON, Director of the Arkansas Department of Human Services, in his official capacity, Kenny Whitlock, Deputy Director of the Arkansas Division of Economic and Medical Services, in his official capacity, and Jim Guy Tucker, Governor of the State of Arkansas, in his official capacity, and their successors, Defendants.

United States District Court, E.D. Arkansas, Little Rock Division.

July 25, 1994.

Attorney(s) appearing for the Case

Bettina Brownstein of Wright, Lindsey & Jennings, Little Rock, AR, and Eve C. Gartner, Kathryn Kolbert, and Terri James of The Center for Reproductive Law & Policy in New York City, for plaintiffs.

Debby Thetford Nye, Ann Purvis and Jeffrey A. Bell of the office of the Arkansas Atty. Gen., Winston Bryant, Little Rock, AR, for defendants.

MEMORANDUM OPINION AND ORDER

WILSON, District Judge.

Plaintiffs have filed a motion for summary judgment in a civil action for injunctive and declaratory relief under the Supremacy Clause of the United States Constitution, Article VI, Clause 2. Little Rock Family Planning Services and the other plaintiffs seek to have this Court declare invalid and enjoin enforcement of Amendment 68 to the Arkansas Constitution, alleging that it is in conflict with...

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