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ARMSTRONG v. MAZUREK

No. CV-95-083-GF.

906 F.Supp. 561 (1995)

James H. ARMSTRONG, M.D.; Mark Miles, M.D.; Susan Wicklund, M.D.; Susan Cahill P.A.; Mary Stranahan, D.O.; Beth E. Thompson, M.D.; and Edwin L. Stickney, M.D., on behalf of themselves and their patients throughout Montana, the surrounding states and Canada and on behalf of a class of performing and referring physicians, Plaintiffs, v. Joseph MAZUREK, in his official capacity as Attorney General of the State of Montana, Defendant.

United States District Court, D. Montana, Great Falls Division.

September 29, 1995.

Attorney(s) appearing for the Case

Bruce Measure, Kalispell, MT.

Turner Graybill, Great Falls, MT.

Janet Benshoof, New York City.

Simon Heller, New York City.

Clay Smith, Helena, MT.

Elizabeth Baker, Helena, MT.

Timothy Whalen, Billings, MT.

MEMORANDUM AND ORDER

HATFIELD, Chief Judge.

I. BACKGROUND

The plaintiffs1 instituted this action for declaratory and injunctive relief under 42 U.S.C. § 1983, challenging the constitutional validity of Chapter 321 of the 1995 Montana Session Laws, otherwise identified as House Bill No. 442 and entitled: "An Act Clarifying That Only a Physician May Perform an Abortion; and Amending Sections...

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