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LUCERO v. OPERATION RESCUE OF BIRMINGHAM

No. 91-7685.

954 F.2d 624 (1992)

Bruce LUCERO, M.D., and Jane Doe(s), being fictitious names, real names of said plaintiffs being withheld to protect their privacy, said fictitious names being intended to designate present and prospective patients and staff members of Dr. Lucero, Plaintiffs-Appellants, v. OPERATION RESCUE OF BIRMINGHAM, Birmingham Rescue Mission, Randall Terry, Joseph Foreman, James Pinto, Leonard Gavin, John Michael Vice, Bill Stamp, Doug Scofield, Scott Houser, and all other individuals, associations and organizations whose names or legal identities are otherwise unknown to plaintiffs at this time, with whom they have conspired and acted in concert to deprive plaintiffs of their rights, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 16, 1992.

Attorney(s) appearing for the Case

Alan Pollack, Pollack & Green, New York City and David Elliott Hodges, Fligel & Hodges, Birmingham, Ala., for plaintiffs-appellants.

Albert Jordan, Wallace, Brooke & Byers, Birmingham, Ala., for Scott Houser.

Michael J. Evans, Longshore, Evans & Longshore and Kimberly R. West, Scofield, West & French, Birmingham, Ala., for Rev. James Pinto.

Donald LeMar Collins, Birmingham, Ala., for Bill Stamp.

Before TJOFLAT, Chief Judge, KRAVITCH and EDMONDSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 16, 1992.

TJOFLAT, Chief Judge:

Plaintiffs appeal from an order1 denying their application for preliminary injunction2 in the Northern District of Alabama. The complaint accompanying plaintiffs' motion for a preliminary injunction alleges that defendants had conspired (1) to deny plaintiff Dr. Bruce Lucero's "patients who are seeking abortions, family planning...

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