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WOMENS SERVICES v. THONE

Nos. 80-1192, 80-1193.

636 F.2d 206 (1980)

WOMENS SERVICES, P. C., a Nebraska Professional Corporation and William G. Orr, M. D., Elizabeth F., Appellants, v. Charles THONE, Governor of the State of Nebraska; Paul L. Douglas, Attorney General for the State of Nebraska and Donald L. Knowles, County Attorney for the County of Douglas, State of Nebraska; Marilyn A. Schneider, Appellees. LADIES CENTER, Nebraska, Inc., a corporation; John M. Epp, M. D., Betty Roe, by her next friend Barbara Gaither and Elizabeth F., Appellants, v. Charles THONE, Governor for the State of Nebraska; Paul L. Douglas, Attorney General for the State of Nebraska and Donald L. Knowles, County Attorney for the County of Douglas, State of Nebraska; Marilyn A. Schneider, Appellees. WOMENS SERVICES, P. C., a Nebraska Professional Corporation; G. William Orr, M. D.; Elizabeth F., Appellees, v. Charles THONE, Governor of the State of Nebraska; Paul L. Douglas, Attorney General for the State of Nebraska and Donald L. Knowles, County Attorney for the County of Douglas, State of Nebraska; Marilyn A. Schneider, Appellants. LADIES CENTER, Nebraska, Inc., a corporation; M. John Epp, M. D.; Betty Roe by her next friend Barbara Gaither and Elizabeth F., Appellees, v. Charles THONE, Governor of the State of Nebraska; Paul L. Douglas, Attorney General for the State of Nebraska and Donald L. Knowles, County Attorney for the County of Douglas, State of Nebraska, Appellants. WOMENS SERVICES, P. C., a Nebraska Professional Corporation and G. William Orr, M. D., Appellees, v. Charles THONE, Governor of the State of Nebraska; Paul L. Douglas, Attorney General for the State of Nebraska and Donald L. Knowles, County Attorney for the County of Douglas, State of Nebraska, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 8, 1980.

Attorney(s) appearing for the Case

Jerold V. Fennell, Asst. Atty. Gen., Lincoln, Neb., for appellee Thone.

Michael T. Levy of Levy & Lazer, Omaha, Neb., for appellee, Ladies Center.

Lawrence I. Batt, Garber & Batt, Omaha, Neb., for appellant Womens Services.

Judith Levin, American Civil Liberties Union Found., New York City, for appellee, Elizabeth F.

Before ROSS, Circuit Judge, GIBSON, Senior Circuit Judge, and SACHS, District Judge.

PER CURIAM.

These appeals challenge the findings of the district court1 regarding the constitutionality of various portions of a Nebraska abortion regulation law, Neb.Rev.Stat. § 28-325 et seq. We affirm the judgment of the district court primarily on the basis of the district court decision. However, because intervening cases have been filed by the Supreme Court, and for other reasons which will later be made obvious, we comment...

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