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PLANNED PARENTHOOD OF GREATER IOWA, INC. v. MILLER

No. CIV. 4-98-CV-90149.

1 F.Supp.2d 958 (1998)

PLANNED PARENTHOOD OF GREATER IOWA, INC., et al., Plaintiffs, v. Thomas MILLER, Attorney General of the State of Iowa, in his official capacity, Defendant. Jennifer NIEBYL, M.D., et al., Plaintiffs, v. Thomas MILLER, Attorney General of the State of Iowa,in his official capacity, Defendant.

United States District Court, S.D. Iowa, Central Division.

June 26, 1998.

Attorney(s) appearing for the Case

Mark Lambert, Des Moines, IA, Dara Kassell, Eve C. Gartner, Roger k. Evans, New York City, for Planned Parenthood of Greater Iowa.

Bruce D. Nestor, Iowa City, IA, Janet Benshoof, Priscilla Smith, Julie F. Kowitz, New York City, for Jennifer Niebyl, M.D.

Mark IIunacek, Asst. Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., Des Moines, IA, for Defendants.

MEMORANDUM OPINION AND ORDER ON MOTION FOR PRELIMINARY INJUNCTION

PRATT, District Judge.

Plaintiffs request this court to preliminarily enjoin Iowa Code § 707.8A. This section bans "partial-birth" abortion and is scheduled to take effect July 1, 1998. The court grants plaintiffs' motion and enjoins Section 707.8A until final resolution of this case on the merits.

The court notes for the record, and at the outset, the extraordinary nature of...

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