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NEW YORK EX REL. SPITZER v. CAIN

No. 05 Civ.9132(DLC).

418 F.Supp.2d 457 (2006)

People of the State of NEW YORK, By Eliot SPITZER, Attorney General of the State of New York, Plaintiffs, v. John CAIN and Luis Menchaca, Defendants.

United States District Court, S.D. New York.

February 15, 2006.

Attorney(s) appearing for the Case

Lisa Landau, Director, Reproductive Rights Unit, Anne Pearson, Assistant Attorney General, Office of the Attorney General, New York, NY, for the Plaintiffs.

Christopher A. Ferrara, American Catholic Lawyers Association, Inc., Rochester, NY, for the Defendants.

OPINION & ORDER

COTE, District Judge.

Plaintiffs, the People of New York, represented by their Attorney General, move for preliminary injunctive relief in a civil suit under the federal Freedom of Access to Clinic Entrances Act ("FACE"), 18 U.S.C. § 248, the New York state analog, and the common law of nuisance. Plaintiffs claim that defendants' conduct outside the Margaret Sanger Center, a reproductive health facility in Manhattan, violates...

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