TOWN OF WEST HARTFORD v. OPERATION RESCUE

Nos. 979 to 981, Dockets 89-9051, 89-9053 and 89-9055.

915 F.2d 92 (1990)

TOWN OF WEST HARTFORD, a municipal corporation located in the State of Connecticut, Plaintiff-Appellee, v. OPERATION RESCUE, Joseph M. Scheidler, Randall A. Terry, Project Life, Inc., Connecticut Pro-Life Action Network, John Kladde, John Charles Grant, Eileen M. Haggerty, Jean Pollock, Spear Printing Company, John M. Spear, Catherine A. Jersey, Maria D. Garvey, Lillian A. Loughlin, William A. Calvin, William P. Cotter, Hjalmar Syversen, Faithful and True Roman Catholics, John Doe(s) and Jane Doe(s), Defendants. Appeal of OPERATION RESCUE, Randall A. Terry, Project Life, Inc., Lillian A. Loughlin, John Charles Grant, Eileen M. Haggerty, Jean Pollock, Spear Printing Company, John M. Spear, Catherine A. Jersey and Hjalmar Syversen, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 10, 1990.

As Amended on Denial of Rehearing December 26, 1990.


Attorney(s) appearing for the Case

Joseph P. Secola (George J. Mercer, The Rutherford Institute of Connecticut, Milford, Conn., of counsel), for defendants-appellants Randall A. Terry, Operation Rescue and Project Life, Inc.

Vincent P. McCarthy, New Milford, Conn., for defendants-appellants Lillian A. Loughlin, John Charles Grant, Eileen M. Haggerty, Jean Pollock, Spear Printing Co., John M. Spear, Catherine A. Jersey, and Hjalmar Syversen.

Patrick G. Alair, Asst. Corp. Counsel, Town of West Hartford, West Hartford, Conn., for plaintiff-appellee Town of West Hartford.

Nancy J. Gannon, George W. Koch, Jr., Milwaukee, Wis., for amicus curiae Catholic League for Religious and Civil Rights.

Before KEARSE, CARDAMONE and MAHONEY, Circuit Judges.


MAHONEY, Circuit Judge:

This appeal is taken from a preliminary injunction barring defendants-appellants1 from entering or remaining upon the property or offices of the Summit Women's Center (the "Center") in the Town of West Hartford, Connecticut, or impeding access thereto. The district court found that such activities had occurred on April 1 and June 17, 1989 for the purpose of impeding the performance of abortions at the Center.

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