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EVANS v. KELLEY

No. 97-CV-71246-DT.

977 F.Supp. 1283 (1997)

Mark J. EVANS, M.D.; Northland Family Planning Clinic, Inc.; Northland Family Planning Clinic, Inc.-West; Northland Family Planning Clinic, Inc.-East; Dennis D. Christensen, M.D., Plaintiffs, v. Frank J. KELLEY, Attorney General of the State of Michigan; Harold Sauer, M.D., Chair, Michigan Board of Medicine; Richard Griffin, D.O., Chair, Michigan Board of Osteopathic Medicine and Surgery; Kathleen M. Wilbur, Director, Michigan Department of Consumer and Industry Services; and John D. O'Hair, Prosecuting Attorney for Wayne County, Defendants.

United States District Court, E.D. Michigan, Southern Division.

July 31, 1997.

Attorney(s) appearing for the Case

Paul J. Denenfeld, Elizabeth L. Gleicher, Detroit, MI, Louise Melling, Eva Gartner, New York City, for plaintiffs.

Michael C. McDaniel, Lansing, MI, for defendants.

OPINION AND ORDER SETTING FORTH THE COURT'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND GRANTING DECLARATORY AND INJUNCTIVE RELIEF

ROSEN, District Judge.

I. INTRODUCTION

This matter is before the Court pursuant to Fed. R. Civ. Pro. 65 following a trial on the merits of Plaintiffs' Complaint for injunctive and declaratory relief. At issue is Michigan's "partial birth...

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