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ROE v. OPERATION RESCUE

Nos. 89-1011, 89-1428 and 89-1471.

919 F.2d 857 (1990)

ROE, Jane, Moe, Mary, National Abortion Rights Action League of Pennsylvania, Planned Parenthood of Southeastern Pennsylvania, Elizabeth Blackwell Health Center for Women, Reproductive Health and Counseling Center, Women's Suburban Clinic, Allentown Women's Center, Northeast Women's Center, Women's Medical Services, Kline, Dr. Allen v. OPERATION RESCUE, Terry, Randall, Lisant, Reverend James P., Pro Life Nonviolent Action Project of Bronx, N.Y., Herlihy, Thomas, Pro-Life Nonviolent Action Project of Philadelphia, McMonagle, Michael, Chester County Citizens Concerned About Life, O'Brien, John J., Council for the Sanctity of Human Life, Foreman, Joseph, Advocates for Life, Burnett, Andrew, American Life League, Brown, Judie, Direct Action Committee, Hoffer, Kathy, Hoffer, Craig, Life and Family Center, Schulberg, Andrew, Pro Life Action League, Scheidler, Joseph, Pro Life Direct Action League, Ryan, John, Omaha Christian Action Council, Hartford, Denny, Pro Life Nonviolent Action Project of Washington, D.C., O'Keefe, John Cavanaugh, Smith(s), John and Smith(s) Jane, the Last Two Being Fictitious Names, the Real Names of Said Defendants Being Presently Unknown to Plaintiffs, Said Fictitious Names Being Intended to Designate Organizations or Persons Who are Members of Defendant Organizations, and Others Acting in Concert with Any of the Defendants Who are Engaging in, or Intend to Engage in, the Conduct Complained of Herein, Randall Terry, Michael McMonagle, Joseph Foreman, Tina Krail and Operation Rescue, Appellants in No. 89-1011, Joseph Foreman, Randall Terry, Operation Rescue, Michael McMonagle and Tina Krail, Appellants in No. 89-1428, National Abortion Rights Action League of Pennsylvania, Planned Parenthood of Southeastern Pennsylvania; Elizabeth Blackwell Health Center for Women, Reproductive Health and Counseling Center, Women's Suburban Clinic, Allentown Women's Center, Northeast Women's Center, and Cherry Hill Women's Center, Appellants in No. 89-1471.

United States Court of Appeals, Third Circuit.

Decided November 26, 1990.

Attorney(s) appearing for the Case

J. Michael Considine, Jr. (argued), The Rutherford Institute of Pennsylvania, West Chester, Pa., for appellants/cross appellees Joseph Foreman, Operation Rescue and Council for Sanctity of Human Life.

William A. Bonner (argued), The Rutherford Institute of Pennsylvania, Media, Pa., for appellants/cross appellees Randall Terry and Operation Rescue.

Joseph F. Wusinich, III (argued), Wusinich & Brogan, West Chester, Pa., for appellant/cross appellee Michael J. McMonagle.

Francis J. Manion, Mt. Holly, N.J., for appellant/cross appellee Tina Krail.

Mark L. Tunnell, West Chester, Pa., for appellants/cross appellees Randall Terry and Operation Rescue.

Nancy J. Bregstein (argued), Mary A. McLaughlin, Debra L. Subar, Lori Lowenthal Stern, Dechert, Price & Rhoads, Philadelphia, Pa., for appellees/cross appellants Northeast Women's Center, Women's Suburban Clinic and Elizabeth Blackwell Health Center for Women.

Susan Cary Nicholas, Linda J. Wharton, Women's Law Project, Philadelphia, Pa., for appellees/cross appellants Nat. Abortion Rights Action League of Pa., Planned Parenthood of Southeastern Pennsylvania, Elizabeth Blackwell Health Center for Women, Reproductive Health and Counseling Center, Women's Suburban Clinic, Allentown Women's Center, Northeast Women's Center, Women's Medical Services and Dr. Allen Kline.

Before HIGGINBOTHAM, Chief Judge, BECKER and NYGAARD, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal by defendant Operation Rescue, a group of organizations and individuals whose purpose, the district court found, is to "organize and coordinate disruptions of abortion and family planning facilities," and by a number of individual defendants associated with Operation Rescue. These defendants appeal from the district court's grant of a permanent injunction preventing them from demonstrating in...

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