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NYBERG v. CITY OF VIRGINIA

No. 80-2132.

667 F.2d 754 (1982)

George W. NYBERG, Nancy R. Nyberg, Fern Arpi, William A. Arpi, Rachel Arpi, Dr. Charles J. Mock, Dr. Charles A. Tietz, Melodie J. Wilson, James E. Williams on behalf of themselves and all others similarly situated, Appellees, v. The CITY OF VIRGINIA and Lewis A. McMillan, Mrs. Joyce Fleming, Raynold Lahti, Fred Teller, Virginia Municipal Hospital Commission and Norman Kaye, Virginia Municipal Hospital Administrator, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 11, 1982.

Rehearing and Rehearing Denied January 10, 1982.

Attorney(s) appearing for the Case

O. C. Adamson, II (argued), Minneapolis, Minn., for appellants; Greenberg, Bloomquist & Colosimo, Ltd., Virginia, Minn., of counsel.

Eve Paul, Dara Klassel, Planned Parenthood Federation of America, Inc., New York City, for amicus curiae Planned Parenthood Federation of America, Inc.

Sylvia Law, New York City, Nadine Taub (argued), Women's Rights Litigation Clinic, Rutger's University School of Law, Newark, N.J., for amicus curiae, APHA.

Jeanne M. Forneris (argued), Halverson, Watters, Bye, Downs & Maki, Ltd., Duluth, Minn., for appellees; Linda Ojala, Minnesota Civil Liberties Union, Minneapolis, Minn., Janet Benshoof, Reproductive Freedom Project, American Civil Liberties Union Foundation, New York City, of counsel.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and HUNTER, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 10, 1982.

LAY, Chief Judge.

The sole issue presented by this appeal is whether the district court erred in refusing to vacate an earlier injunction entered by the federal district court against the Hospital Commission of the City of Virginia from implementing a resolution prohibiting staff doctors from using the facilities of the Virginia Municipal Hospital for any abortions except for those required to "save...

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