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PLANNED PARENTHOOD OF CENTRAL AND NORTHERN ARIZONA v. STATE OF ARIZONA

No. 85-1612.

789 F.2d 1348 (1986)

PLANNED PARENTHOOD OF CENTRAL AND NORTHERN ARIZONA, an Arizona non-profit corp.; Planned Parenthood of Southern Arizona, an Arizona non-profit corp.; Jack Bashaw, M.D., on behalf of himself, his patients, and all others similarly situated, Plaintiffs-Appellees, v. The STATE OF ARIZONA; Bruce E. Babbitt, individually and as Governor of the State of Arizona; William Jamieson, individually and as Director of the Department of Economic Security; Robert K. Corbin, individually and as Attorney General of the State of Arizona, their employees, agents, representatives, successors, and those acting in concert with them and all others similarly situated, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 15, 1986.

Attorney(s) appearing for the Case

Larry Rosenfeld, Sacks, Tierney & Kasen, Phoenix, Ariz., for plaintiffs-appellees.

Anthony B. Ching, Sol. Gen., Phoenix, Ariz., for defendants-appellants.

Before SNEED and HALL, Circuit Judges, and KELLEHER, District Judge.

SNEED, Circuit Judge:

This is an appeal from a district court's grant of a summary judgment holding unconstitutional, as sought to be applied against Planned Parenthood and its patients, a portion of an Arizona appropriation bill and awarding attorneys' fees to the plaintiffs. We affirm the district court's judgment on the merits, modify the attorneys' fee award, and award attorneys' fees on appeal.

I.

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