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PLANNED PARENTHOOD ASS'N OF UTAH v. SCHWEIKER

No. 82-2334.

700 F.2d 710 (1983)

PLANNED PARENTHOOD ASSOCIATION OF UTAH, et al., Appellants, v. Richard S. SCHWEIKER, Secretary, U.S. Department of Health and Human Services.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 1983.

Attorney(s) appearing for the Case

James L. Feldesman, with whom Jacqueline C. Leifer, Washington, D.C., was on brief, for appellants.

Alfred R. Mollin, Atty., Dept. of Justice, Washington, D.C., for appellee; Stanley S. Harris, U.S. Atty., Leonard Schaitman and Eloise E. Davies, Attys., Dept. of Justice, Washington, D.C., were on brief for appellee.

Before EDWARDS and SCALIA, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

In past years the Utah Department of Health and two private nonprofit organizations, Planned Parenthood Association of Utah and Park City Community Clinic, have all received annual funds under title X of the Public Health Service Act to provide comprehensive family planning services, excluding abortions, to Utah citizens. See 42 U.S.C.A. §§ 300 to 300a...

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