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ROE v. ABORTION ABOLITION SOC.

No. 86-1264.

811 F.2d 931 (1987)

Jane ROE I, Jane Roe, II, On behalf of themselves and all others similarly situated, et al., Plaintiffs-Appellants, v. ABORTION ABOLITION SOCIETY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 9, 1987.

Attorney(s) appearing for the Case

Neil H. Cogan, Storey Hall (SMU), Carla Dowben, Dallas, Tex., for plaintiffs-appellants.

Joe F. Canterbury, Jr., Dallas, Tex., for Abortion Abolition Soc.

Cox & Bader, William D. Cox, Jr., Dallas, Tex., for Henson, Susan.

Locke, Purnell, Boren, Laney & Neely, Robert T. Mowrey, Dallas, Tex., for Lyles.

James B. Harris, Frank Finn, Dallas, Tex., for Doe (private defendants-appellees).

Terrence S. Welch, David J. LaBrec, for City of Dallas.

J. Shelby Sharpe, Fort Worth, Tex., for amicus curiae-The Rutherford Institute, et al.

Before RUBIN, JOHNSON, and JONES, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Three issues are presented: whether the Ku Klux Klan Act of 1871, 42 U.S.C. § 1985(3) (1982), authorizes a suit against a class described in the complaint as victims of a conspiracy against persons who do not share the anti-abortion religious beliefs of the conspirators; whether the district court properly dismissed without prejudice a suit against a municipality brought under another provision of that Act, 42 U.S.C. § 1983...

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