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KAPLAN v. PROLIFE ACTION LEAGUE OF GREENSBORO

No. 9218SC459.

431 S.E.2d 828 (1993)

111 N.C. App. 1

Richard D. KAPLAN, M.D., Marguerite Kaplan, and Marguerite Kaplan as guardian ad litem for Jacob M. Kaplan and David S. Kaplan, Plaintiffs, v. PROLIFE ACTION LEAGUE OF GREENSBORO, William H. Winfield, Jr., Linda Winfield, Ronald W. Benfield, John Does I through XXV, and Jane Does I through XXV, Defendants.

Court of Appeals of North Carolina.

July 20, 1993.

Attorney(s) appearing for the Case

Smith Helms Mulliss & Moore by Alan W. Duncan and Matthew W. Sawchak, Raleigh, for plaintiffs-appellees.

Arthur J. Donaldson, Greensboro, and Walter M. Weber, Washington, DC, for defendant-appellants Prolife Action League of Greensboro, William H. Winfield, Jr., and Linda Winfield.

William G. Simpson, Jr., Legal Director, North Carolina Civ. Liberties Union Legal Foundation, Raleigh, and Tharrington, Smith & Hargrove by Burton Craige, Raleigh, for amicus curiae, North Carolina Civil Liberties Union Legal Foundation.

Brooks, Pierce, McLendon, Humphrey & Leonard by Hubert Humphrey, Greensboro, and Ann E. Allen, Gen. Counsel, The American College of Obstetricians & Gynecologists, Washington, DC, for amicus curiae, The American College of Obstetricians & Gynecologists.

EAGLES, Judge.

I. Background

This appeal arises from the trial court's grant of a preliminary injunction which restrained the manner and place in which defendants could protest in the streets adjoining plaintiffs' home. Defendants bring forward eleven assignments of error challenging several of the trial court's findings and the constitutionality of the order granting the preliminary injunction. Upon careful consideration of the briefs, transcript...

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