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PLANNED PARENTHOOD, SIOUX FALLS CLINIC v. MILLER

No. CIV. 93-3033.

860 F.Supp. 1409 (1994)

PLANNED PARENTHOOD, SIOUX FALLS CLINIC; Buck J. Williams, M.D.; and Women's Medical Services, P.C., Plaintiffs, v. Walter D. MILLER, Governor; and Mark W. Barnett, Attorney General; in their official capacities, Defendants.

United States District Court, D. South Dakota, Western Division.

August 22, 1994.

Attorney(s) appearing for the Case

Michael B. Crew, Crew & Crew, Sioux Falls, SD, Colleen K. Connell, The Roger Baldwin Foundation of ACLU, Inc., Lori Chaiten, Sonnenochein, Nath & Rosenthal, Chicago, IL, Dara Klassel, Beth Otten, Roger K. Evans, Planned Parenthood Federation of America, Inc., Legal Action for Reproductive Rights, New York City, for plaintiffs.

Mark W. Barnett, John P. Guhin, Atty. General's Office, Pierre, SD, for defendants.

MEMORANDUM OPINION

BATTEY, Chief Judge.

NATURE AND PROCEDURAL HISTORY

This action was filed by Planned Parenthood, Sioux Falls Clinic; Buck J. Williams, M.D.; and Women's Medical Services, P.C., on June 15, 1993. Defendant is the state of South Dakota, represented by Walter D. Miller and Mark W. Barnett, its governor and attorney general respectively. The complaint challenges the constitutionality of certain parts of Chapter 249 of the South Dakota...

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