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WOMENS SERVICES, P. C. v. DOUGLAS

No. 81-1409.

653 F.2d 355 (1981)

WOMENS SERVICES, P. C., a Nebraska professional corporation, and William G. Orr, M.D., Appellants, Raymond L. Schulte, M.D., v. Paul L. DOUGLAS, Attorney General for the State of Nebraska, and Donald L. Knowles, County Attorney for the County of Douglas, State of Nebraska, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 15, 1981.

Rehearing Granted August 25, 1981.

Attorney(s) appearing for the Case

Robert Sigler, Douglas County Deputy Atty., Omaha, Neb., for appellants.

Jerold V. Fennell, Sp. Asst. Atty. Gen., Omaha, Neb., for appellees.

Before HEANEY, BRIGHT and McMILLIAN, Circuit Judges.

HEANEY, Circuit Judge.

Women Services, P.C., and Dr. William G. Orr appeal an order of the district court dismissing their complaint without prejudice. The district court abstained from ruling on the merits of plaintiffs' claims because of the pendency of a criminal prosecution in state court. We hold that abstention was not proper, and remand to the district court for further proceedings.

The plaintiffs filed suit in federal district court challenging the...

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