PRO-CHOICE NETWORK v. PROJECT RESCUE

No. 90-CV-1004A.

828 F.Supp. 1018 (1993)

PRO-CHOICE NETWORK OF WESTERN NEW YORK, Buffalo Gyn Women-services, P.C., Erie Medical Center, Paul J. Davis, M.D., P.C., Shalom Press, M.D., Barnett Slepian, M.D., Morris Wortman, M.D., Highland Obstetrical Group, Alexander Women's Group, Plaintiffs, v. PROJECT RESCUE WESTERN NEW YORK, Operation Rescue, Project Life of Rochester, Operation Rescue National, Friends to the Weary, Christian Activist Lifeline, Christians in Action of Rochester New York, Pro-Life Rescue Movement of Western New York, Rev. Paul Schenck, Rev. James L. Evans, Rev. Ted Cadwallader, Dwight Saunders, David Anderson, Jeffrey Baran, Brian Bayley, Bonnie Behn, Ronald Breymeier, Gilbert Certo, Scott Chadsey, Kim Day, Constance Debo, Mark Dent, Wayne Dent, Paul Diemert, Joan Giangreco, Delores Glaser, Carmelina Golba, Kevin Golba, Linda Hall, Nancy Hall, Thomas Hall, Rev. Daniel Hamlin, James Handyside, Pamela Huffnagle, Rev. Johnny Hunter, Donna Johanns, Eric Johns, Neal Kochis, Paulette Likoudis, Charles McGuire, Christopher Morrow, Annemarie Nice, Nicholas Pukalo, Carla Rainero, Thomas Riley, Patricia Ostrander, Linda Ross, Rev. Robert Schenck, David Smith, Linda Smith, Mark Sterlace, Joyce Strigel, Karen Swallow-Prior, Rev. Keith Tucci, Randall Terry, John Thomann, John Tomasello, Paul Waldmiller, Jr., Nancy Walker, Leonard Winter, Horace Wolcott, Gerald Crawford, David Long, John Doe(s) and Jane Doe(s), the last two being fictitious names, the real names of said defendants being presently unknown to plaintiffs, said fictitious names being intended to designate organizations or persons who are members of defendant organizations, and others acting in concert with any of the defendants who are engaging in, or intend to engage in, the conduct complained of herein, Defendants.

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

July 30, 1993.


Attorney(s) appearing for the Case

Glenn E. Murray, Lucinda Finley, Isabel Marcus, Buffalo, NY, for plaintiffs.

Laurence D. Behr, Buffalo, NY, for defendants.


DECISION AND ORDER

ARCARA, District Judge.

INTRODUCTION

Presently before the Court is defendants' motion to dismiss the fourth amended complaint and vacate the Court's February 14, 1992 preliminary injunction. The basis for defendants' motion is that dismissal of the federal claim under 42 U.S.C. § 1985(3) is compelled by the recent decision of the United States Supreme Court in Bray v. Alexandria Women's Health Clinic, ___ U.S. ___...

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