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ELIZABETH BLACKWELL HEALTH CENTER FOR WOMEN v. KNOLL

No. 94-1954.

61 F.3d 170 (1995)

ELIZABETH BLACKWELL HEALTH CENTER FOR WOMEN; Greater Philadelphia Women's Medical Fund; CHOICE, on behalf of themselves and the Medicaid-eligible women of the Commonwealth of Pennsylvania to whom they provide financial, health care and counseling services, Appellees, v. Catherine Baker KNOLL, Treasurer of the Commonwealth of Pennsylvania, in her official capacity; Karen F. Snider, Secretary of Public Welfare of the Commonwealth of Pennsylvania, in her official capacity; Sherry Knowlton, Deputy Secretary of the Office of Medical Assistance of the Commonwealth of Pennsylvania, in her official capacity; Robert P. Casey, Governor of the Commonwealth of Pennsylvania, in his official capacity, and their successors. Catherine Baker Knoll, Karen F. Snider, Sherry Knowlton and Robert P. Casey, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 25, 1995.

Amended August 3, 1995.

Rehearing Denied August 24, 1995.

Attorney(s) appearing for the Case

Sandra W. Stoner (argued), Office of Atty. Gen. of Pa., Harrisburg, PA, for appellants Catherine Baker Knoll, Karen F. Snider, Sherry Knowlton, Robert P. Casey.

Mary A. McLaughlin (argued), Dechert, Price & Rhoads, Philadelphia, PA, for appellees Elizabeth Blackwell Health Center for Women, Greater Philadelphia Women's Medical Fund, CHOICE, on behalf of themselves and the Medicaid-eligible women of Com. of Pa. to whom they provide financial, health care and counseling services.

Frank W. Hunter, Asst. Atty. Gen., Michael R. Stiles, U.S. Atty., Barbara C. Biddle, Alfred Mollin, Attys., Appellate Staff, Civ. Div., Washington, DC, for U.S. as amicus curiae.

Before: COWEN, NYGAARD and ALITO, Circuit Judges.

Judge Nygaard's Dissent Amended August 3, 1995.

Rehearing In Banc Denied August 24, 1995.

OPINION OF THE COURT

COWEN, Circuit Judge.

The Elizabeth Blackwell Health Center for Women, a comprehensive reproductive health care facility that provides first-trimester abortions, the Greater Women's Medical Fund, a non-profit agency that provides financial assistance to low-income women in order to obtain abortions, and CHOICE, a telephone hot-line...

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