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PLANNED PARENTHOOD ASS'N v. McWHERTER

No. 89-6026.

923 F.2d 474 (1991)

PLANNED PARENTHOOD ASSOCIATION OF NASHVILLE, INC.; Memphis Planned Parenthood, Inc.; and Peter Cartwright, M.D., Plaintiffs-Appellees, v. Ned R. McWHERTER, Governor of the State of Tennessee in his official capacity; and Charles W. Burson, Attorney General of the State of Tennessee in his official capacity, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 18, 1991.

Attorney(s) appearing for the Case

Teresa J. Sigmon, Edward M. Kaplan, Armstrong, Allen, Prewitt, Gentry, Johnstone & Holmes, Memphis, Tenn., Larry D. Woods, Irwin B. Venick, Woods & Woods, Barry E. Friedman, ACLU Foundation of Tennessee, Nashville, and Barbara E. Otten (argued), Planned Parenthood Federation of America, Inc., New York City, for plaintiffs-appellees.

John Knox Walkup, Sol. Gen., Andy Bennett, Deputy Atty. Gen., Michael W. Catalano (argued), Deputy Atty. Gen., Office of the Atty. Gen. of Tennessee, Nashville, Tenn., for defendants-appellants.

Before MERRITT, Chief Judge, WELLFORD, Circuit Judge, and DeMASCIO, Senior District Judge.

ORDER CERTIFYING QUESTION TO THE SUPREME COURT OF TENNESSEE

(A) Style of the Case: Planned Parenthood, et al. v. McWherter, et al., No. 89-6026

(B) Facts:

(1) Nature of Case

The outcome of the appeal now pending before the court depends on a question of Tennessee law (more fully explained below), the resolution of which we seek from the Tennessee Supreme Court.

The State of Tennessee as the appellant in the Sixth Circuit...

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