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LUCERO v. TROSCH

Civ. A. No. 95-0308-CB-M.

904 F.Supp. 1336 (1995)

Bruce LUCERO, M.D., and New Woman All Women Health Care, Plaintiffs, v. Father David TROSCH, the entity calling itself Life Enterprises, its officers, employees and its contractors, and all other individuals, associations, entities and organizations whose legal identities are otherwise unknown to the Plaintiffs at this time with whom Defendants are actually or are attempting to injure, intimidate, or interfere with persons seeking to obtain or provide reproductive health services by force, or threat of force, or by physical obstruction in violation of Federal Law, and any persons, entities, associations or organizations protesting against abortion, and all other persons, entities, associations, and organizations acting in concert or participation with the above-named Defendants or on their behalf with notice in any manner or by means prescribed in Fed.R.Civ.P.R. 4, Defendants.

United States District Court, S.D. Alabama, Southern Division.

November 1, 1995.

Attorney(s) appearing for the Case

Alan M. Pollack, New York City, Timothy M. Beasley, Birmingham, AL, for Bruce Lucero, New Woman All Woman Health Care.

Vincent F. Heuser, Jr., Liberty & Justice, Inc., Louisville, KY, for David Trosch.

Robert Anthony Cothren, Birmingham, AL, for Minzor Chadwick.

Ray O. Noojin, Jr., Birmingham, AL, for Kathleen McConnell.

William E. Swatek, Alabaster, AL, for Eleanor Stisher.

Caryl Privett, U.S. Attorney, Robert S. Vance, Birmingham, AL, for Chris Harding.

ORDER

BUTLER, Chief Judge.

This matter is before the court on the defendant's motion to dismiss the complaint for failure to state a claim upon which relief can be granted. After careful consideration of the arguments raised by both parties in their briefs, the court finds that the motion is due to be GRANTED in part, and DENIED in part.

I. Factual Background1

Plaintiff Bruce...

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