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NORTHERN VIRGINIA WOMEN'S MED. CTR. v. BALCH

Nos. 78-1673, 78-1674 and 79-1161.

617 F.2d 1045 (1980)

NORTHERN VIRGINIA WOMEN'S MEDICAL CENTER; Thomas H. Gresinger, M.D.; Jane Doe; Sharon McCann; William Longstreth; Christine Diermeier, Appellees, v. Thomas BALCH; Diane Bodner; David H. Gaetano; Brigid Kenney; Mary Ann Kreitzer; Kathy McDonald; Florence Smith; Mary Kay Stine; Leszek Syski; Karen Ann Torres; Joan Vayl, Appellants, and Robert F. Horan, Jr., Individually and in his official capacity; Honorable Lewis Hall Griffith, Judge; Honorable A. Mason Grove, Judge; Colonel Richard King, Chief of Police, Fairfax County Police Department, Defendants. NORTHERN VIRGINIA WOMEN'S MEDICAL CENTER; Thomas H. Gresinger, M.D.; Jane Doe; Sharon McCann; William Longstreth; Christine Diermeier, Appellants, v. Robert F. HORAN, Jr., Individually and in his official capacity; Honorable Lewis Hall Griffith, Judge; Honorable A. Mason Grove, Judge, Appellees, and Thomas Balch; Diane Bodner; David J. Gaetano; Brigid Kenney; Mary Ann Kreitzer; Leszek Syski; Karen Ann Torres; Joan Vayl, Defendants. NORTHERN VIRGINIA WOMEN'S MEDICAL CENTER; Thomas H. Gresinger, M.D.; Jane Doe; Sharon McCann; William Longstreth; Christine Diermeier, Appellees, v. Diane BODNER, David J. Gaetano, Jeanne Miller, Mary Elizabeth McKernan, Appellants, and Robert F. Horan, Jr., Individually and in his official capacity; Honorable Lewis Hall Griffith, Judge; Honorable A. Mason Grove, Judge; Colonel Richard King, Chief of Police, Fairfax County Police Department; Thomas Balch; Diane Bodner; David J. Gaetano; Brigid Kenney; Mary Ann Kreitzer; Kathy McDonald; Florence Smith; Mary Kay Stine; Leszek Syski; Karen Ann Torres; Joan Vayl, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 14, 1980.

Attorney(s) appearing for the Case

Victor M. Glasberg, Alexandria, Va. (Philip J. Hirschkop, Hirschkop & Grad, P. C., Alexandria, Va., on brief), for Northern Virginia Women's Medical Center, et al.

Steve Merrill, Com. Atty. for Fairfax County, Fairfax, Va., for Robert F. Horan, Jr., et al.

James E. Moore, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., and Valentine W. Southall, Jr., Asst. Atty. Gen., Richmond, Va., on brief), for Grove and Griffin.

John J. Brandt, Arlington, Va., for Balch, et al.

Judith Levin, New York City (Janet Benshoof, New York City, Ellen Leitzer, American Civil Liberties Union Foundation, Albuquerque, N. M., Steven W. Bricker, American Civil Liberties Union of Virginia, Richmond, Va., on brief), for Northern Virginia Women's Medical Center, et al.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

These appeals are taken from orders of the district court in an action brought by the Northern Virginia Women's Medical Center, several members of its staff, and a patient against the commonwealth attorney, the chief of police, two judges of Fairfax County, Virginia (officials), and Thomas Balch and others (citizens). The complaint sought declaratory and injunctive relief establishing the right of the Center, its staff, and patients to perform...

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