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VALLEY FAMILY PLANNING v. STATE OF N. D.

No. 80-1471.

661 F.2d 99 (1981)

VALLEY FAMILY PLANNING, a North Dakota nonprofit corporation, on behalf of itself, and all others similarly situated; Shari Doe, individually and on behalf of all other persons similarly situated, Appellees, v. The STATE OF NORTH DAKOTA; Arthur A. Link, individually and as Governor of the State of North Dakota; Dr. Jonathan Weisbuch, individually and as State Health Officer; Allen Olson, individually and as Attorney General of the State of North Dakota; Jim Odegaard, individually and as County Attorney of Grand Forks County, their agents, representatives, successors, those acting in concert with them and all others similarly situated, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 12, 1981.

Rehearing Denied November 10, 1981.

Attorney(s) appearing for the Case

Allen I. Olson, Robert O. Wefald, Attys. Gen., Bismarck, N. D., Rick D. Johnson, Asst. Atty. Gen., argued, Bismarck, N. D., William C. Kelsch, Sp. Asst. Atty. Gen., Mandan, N. D., for appellants.

Larry F. Nordick, Legal Assistance of N. D., Inc., Fargo, N. D., Janet Benshoof, argued, Suzanne M. Lynn, American Civil Liberties Union Foundation, New York City, Steven Pevar, American Civil Liberties Union Foundation, Denver, Colo., for appellees.

Eve W. Paul, Dara Klassel, Planned Parenthood Federation of America, Inc., New York City, for amici curiae; George Cameron Nixon, Law Student, on brief.

Joel M. Mangel Public Health Div., Dept. of Health and Human Services, Rockville, Md., for Dept. of Health and Human Services.

Before HEANEY, HENLEY and McMILLIAN, Circuit Judges.

HEANEY, Circuit Judge.

Plaintiffs Valley Family Planning and Shari Doe, Valley's executive director, brought this civil action challenging the validity of section 2 of North Dakota's "Limitation of Abortion" Act, N.D.Cent.Code § 14-02.3. Section 2 of that Act provides:

No funds of this state or any agency, county, municipality, or any other subdivision thereof and no federal funds passing through the state treasury or a state agency shall be used as...

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