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ASSIC. IN OBSTETRICS & GYNECOLOGY v. UPPER MERION TOWNSHIP

Civil Action No. 03-2313.

270 F.Supp.2d 633 (2003)

ASSOCIATES IN OBSTETRICS & GYNECOLOGY, on behalf of itself and its patients et al., Plaintiffs, v. UPPER MERION TOWNSHIP et al., Defendants.

United States District Court, E.D. Pennsylvania.

July 16, 2003.

Attorney(s) appearing for the Case

Nancy C. Demis, Gallagher, Schoenfeld, Surkin & Chupein, Media, PA, Julia E. Gabis, Julia E. Gabis & Associates, Conshohocken, PA, for Plaintiffs.

Charles C. Sweedler, David J. MacMain, Danielle M. White, Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, PA, for Defendants.

MEMORANDUM

BAYLSON, District Judge.

The principal issue for decision is whether the entry of a state court injunction against one of the plaintiffs preventing operation of its business as an abortion provider warrants dismissal for failure to state a federal constitutional claim, declination of jurisdiction, or abstention, of the provider's civil rights claims in this Court for damages, and injunctive relief conflicting with the state court's injunction...

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