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OKPALOBI v. FOSTER

No. 98-30228.

190 F.3d 337 (1999)

Ifeanyi Charles Anthony OKPALOBI, doing business as Gentilly Medical Clinic for Women, Plaintiff-Appellee, and Causeway Medical Suite; Bossier City Medical Suite; Hope Medical Group for Women; Delta Women's Clinic; Women's Health Clinic; James Deguerce; A. James Whitmore, III, Intervenors-Appellees, v. Mike FOSTER, Governor of the State of Louisiana; Richard P. Ieyoub, Attorney General of Louisiana; State of Louisiana, Substituted in place of Kenneth Duncan, Treasurer of the State of Louisiana, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 17, 1999.

Attorney(s) appearing for the Case

Sidney M. Bach, Bach & Wasserman, Metairie, LA, for Plaintiff-Appellee.

Priscilla Joyce Smith, Center for Reproductive Law & Policy, New York City, William E. Rittenberg, Rittenberg & Samuel, New Orleans, LA, for Intervenors-Appellees.

Robert B. Barbor, Louisiana Dept. of Justice, Civil Div., Roy A. Mongrue, Jr., Asst. Atty. Gen., Baton Rouge, LA, for Defendants-Appellants.

Before JOLLY, WIENER and PARKER, Circuit Judges.

WIENER and ROBERT M. PARKER, Circuit Judges:

Mike Foster, Governor of Louisiana, Richard P. Ieyoub, Attorney General of Louisiana, and the State of Louisiana (collectively "the State") appeal the district court's order permanently enjoining "the operation and effect" of Louisiana Revised Statutes Annotated, Title 9, Section 2800.122 (West Supp.1999)("Act 825" or "the Act"), which makes an abortion provider liable, in tort, to the woman...

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