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FARGO WOMEN'S HEALTH ORGANIZATION v. LAMBS OF CHRIST

Civ. No. 920005.

488 N.W.2d 401 (1992)

FARGO WOMEN'S HEALTH ORGANIZATION, INC., George Miks, M.D., Susan Wicklund, M.D., Jane Bovard, Administrator; and on behalf of the Staff of Fargo Women's Health Organization, Inc., and Jane Doe(s), being fictitious names intended to designate present and prospective patients of the Fargo Women's Health Organization, Plaintiffs and Appellees, v. LAMBS OF CHRIST; Focus on Fargo; Help and Caring Ministries; Community Praise Center; Darold Larson; Jody Clemens; Tim Lindgren; Kathy Beneda Lindgren; Chet Gallagher; Chris Venkelese; Ron Maxon; Operation Rescue; 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 with to deprive Plaintiffs of their rights, Defendants and Appellants.

Supreme Court of North Dakota.

August 19, 1992.

Attorney(s) appearing for the Case

William Kirschner, Fargo, for plaintiffs and appellees.

Richard D. Varriano, Moorhead, Minn., for defendants and appellants.

Peter B. Crary, Fargo, for defendants and appellants; appearance only.

VANDE WALLE, Justice.

In this appeal from an order granting a preliminary injunction, we must decide whether the district court properly balanced the rights of anti-abortion protestors to assemble and speak, on the one hand, against the rights of a clinic, its doctors, and its patients to be free from trespass, assault, and other tortious acts done by the protestors in advancing their message, on the other hand. We affirm in part, reverse in part, and remand.

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