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PLANNED PARENTHOOD OF MINN. v. STATE OF MINN.

No. 79-1218.

612 F.2d 359 (1980)

PLANNED PARENTHOOD OF MINNESOTA, a Minnesota non-profit corporation, Appellee, v. The STATE OF MINNESOTA, Rudy Perpich, Individually and as Governor of the State of Minnesota, Warren R. Lawson, M. D., Individually and as Commissioner of Health of the Minnesota Department of Health, Warren Spannaus, Individually and as Attorney General of the State of Minnesota, their agents, representatives, successors, those acting in concert with them, and all others similarly situated, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 2, 1980.

Attorney(s) appearing for the Case

Kent G. Harbison, Sp. Asst. Atty. Gen., St. Paul, Minn., for appellants; Warren R. Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., and Terrence P. O'Brien, Sp. Asst. Atty. Gen., St. Paul, Minn., on brief.

Franz P. Jevne, III, Mackall, Crounse & Moore, Minneapolis, Minn., for appellee.

Before LAY, BRIGHT and HENLEY, Circuit Judges.

LAY, Circuit Judge.

Planned Parenthood of Minnesota, a nonprofit corporation, sought a declaratory judgment under 28 U.S.C. § 2201, challenging the constitutionality of section 1, subdivision 2 of the Minnesota Family Planning Grants Act, Minn.Stat.Ann. § 145.925(2) (1979 Supp.). Under the Act $1,300,000 is appropriated for disbursement by the Minnesota Commission of Health to cities, counties, or nonprofit corporations...

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