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NATIONAL ORGANIZATION FOR WOMEN v. OPERATION RESCUE

Nos. 90-2606, 90-2607 and 90-2651.

914 F.2d 582 (1990)

NATIONAL ORGANIZATION FOR WOMEN; 51st State National Organization for Women; Maryland National Organization for Women; Planned Parenthood of Metropolitan Washington, DC, Inc.; Commonwealth Women's Clinic; Nova Women's Medical Center; Prince William Women's Clinic; Gynecare Associates; Metro Medical Center, Inc., d/b/a Annandale Women's Center; Virginia National Organization for Women; Alexandria Women's Health Clinic, Plaintiffs-Appellees, and National Abortion Federation; Capital Women's Center, Inc.; Hillcrest Women's Surgi-Center; Metropolitan Family Planning Institute, Plaintiffs, v. OPERATION RESCUE; Randall Terry; Patrick Mahoney; Clifford Gannett; Michael McMonagle; Michael Bray; Jayne Bray, Defendants-Appellants, and Project Rescue; the D.C. Project; Veterans Campaign for Life, Defendants (Two Cases). NATIONAL ORGANIZATION FOR WOMEN; 51st State National Organization for Women; Maryland National Organization for Women; Planned Parenthood of Metropolitan Washington, DC, Inc.; Commonwealth Women's Clinic; Capitol Women's Center, Inc.; Nova Women's Medical Center; Prince William Women's Clinic; Gynecare Associates; Metro Medical Center, Inc., d/b/a Annandale Women's Center; Hillcrest Women's Surgi-Center; Metropolitan Family Planning Institute; Virginia National Organization for Women; Alexandria Women's Health Clinic, Plaintiffs-Appellants, and National Abortion Federation, Plaintiff, v. OPERATION RESCUE; Randall Terry; Patrick Mahoney; Clifford Gannett; Michael McMonagle; Michael Bray; Jayne Bray, Defendants-Appellees, and Project Rescue; the D.C. Project; Veterans Campaign for Life, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1990.

Attorney(s) appearing for the Case

Jay Alan Sekulow, Christian Advocates Serving Evangelism, Washington, D.C., argued (Douglas W. Davis, James M. Henderson, Sr., Christian Advocates Serving Evangelism, Washington, D.C.; Thomas Patrick Monaghan, C. Peter Thomas S. Cornell, and Walter M. Weber, Free Speech Advocates, New Hope, Ky., on brief), for defendants-appellants.

John H. Schafer, Covington & Burling, Washington, D.C., argued (Laurence J. Eisenstein, Richard H. Seamon, Pamela S. Passman, Covington & Burling; and Sarah E. Burns, and Alison Wetherfield, Now Legal Defense and Educ. Fund, Washington, D.C., on brief), for plaintiffs-appellees.

Before CHAPMAN and WILKINSON, Circuit Judges, and ANDERSON, United States District Judge for the District of South Carolina, sitting by designation.

PER CURIAM:

This is an appeal of a permanent injunction entered against six individuals and Operation Rescue, an unincorporated association whose members oppose abortion and its legalization. The district court enjoined them, inter alia, from "trespassing on, blockading, impeding or obstructing access to or egress from" the premises of plaintiffs, facilities that provide abortions or abortion counseling. The court held that defendants' blockading of abortion...

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