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McTERNAN v. CITY OF YORK, PENN.

No. 07-2670.

577 F.3d 521 (2009)

John McTERNAN; Edward D. Snell; John Wood; Luanne C. Ferguson, Appellants v. CITY OF YORK, PENNSYLVANIA; Mark L. Whitman, Police Commissioner, in his Official Capacity; Jason Jay, Officer, in his Official Capacity Planned Parenthood of Central Pennsylvania, Intervenor in District Court.

United States Court of Appeals, Third Circuit.

Filed August 24, 2009.

Attorney(s) appearing for the Case

Dennis E. Boyle, Randall L. Wenger, Boyle, Neblett & Wenger, Camp Hill, PA, for Appellants.

Frank J. Lavery, Jr., James D. Young, Lavery, Faherty, Young & Patterson, Harrisburg, PA, for Appellees.

Sean E. Summers, Barley Snyder, York, PA, for Intervenor.

Before SLOVITER and BARRY, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

We address this case in light of our recent decisions in McTernan v. City of York, 564 F.3d 636 (3d Cir.2009), Holman v. City of York, 564 F.3d 225 (3d Cir.2009), and Snell v. City of York, 564 F.3d 659 (3d Cir.2009). Although this case, like those cases, involves protestors at a health facility...

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