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SUMMIT MEDICAL CENTER OF ALABAMA, INC. v. RILEY

No. CIV.A.02-A-1064-N.

274 F.Supp.2d 1262 (2003)

SUMMIT MEDICAL CENTER OF ALABAMA, INC., New Women's Health Care; Beacon Women's Center; on behalf of themselves and their patients seeking abortions, Plaintiffs, v. Bob RILEY, in his official capacity as Governor for the State of Alabama and his agents and successors; Bill Pryor, in his official capacity as Attorney General for the State of Alabama and his agents and successors; Donald Williamson, M.D., in his official capacity as State Health Officer for the Alabama Department of Public Health and his agents and successors; and Ellen Brooks, in her official capacity as Montgomery District Attorney, Defendants.

United States District Court, M.D. Alabama, Northern Division.

July 25, 2003.

Attorney(s) appearing for the Case

M. Wayne Sabel, Sabel & Sabel, P. C, Montgomery, AL, David A. Gespass, Gespass & Johnson, Birmingham, AL, Linda A. Rosenthal, Angela Hooton, Center for Reproductive Rights, New York City, for Plaintiffs.

William H. Pryor, Jr., Attorney General, Charles B. Campbell, Office of the Attorney General, Montgomery, AL, A. Eric Johnston, Birmingham, AL, Patricia E. Ivie, John R. Wible, Alabama Department of Public Health, Troy R. King, Office of the Governor, Montgomery, AL, William D. Dill, Office of the Attorney General, Troy R. King, Office of the Governor, Montgomery, AL, for Defendants.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

I. INTRODUCTION

This case is before the court on the Plaintiffs' Motion for Partial Summary Judgment (Doc. # 69), and the Defendants' Motion for Partial Summary Judgment and to Dismiss (Doc # 71).

The Plaintiffs, a group of health care facilities which provide abortion services in the State of Alabama, filed a Class Action Complaint on September 17, 2002, challenging...

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