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FARGO WOMEN'S HEALTH ORGANIZATION v. SINNER

Civ. No. A3-91-95.

819 F.Supp. 862 (1993)

FARGO WOMEN'S HEALTH ORGANIZATION, Susan Wicklund, M.D., George M. Miks, M.D., Cynthia Palmer, Craig Shoemaker, M.D., and Jane Doe, Plaintiffs, v. George SINNER, as Governor of the State of North Dakota; Nicholas Spaeth, as Attorney General of the State of North Dakota, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

February 19, 1993.

Attorney(s) appearing for the Case

C. Nicholas Vogel, Mart Daniel Vogel, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, ND, Janet Benshoof, Suzanne Shende, Kathryn Kolbert, American Civil Liberties Union Foundation, Simon Heller, Center for Reproductive Law & Policy, New York City, for Fargo Women's Health Organization.

C. Nicholas Vogel, Mart Daniel Vogel, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, ND, for Susan Wicklund MD, George M. Miks MD, Cynthia Palmer, Craig Shoemaker, MD, Jane Does.

Sidney Hertz Fiergola, Atty. General's Office, Laurie J. Loveland, Bismarck, ND, for defendants.

MEMORANDUM AND ORDER

WEBB, Chief Judge.

This action challenges the constitutionality of a state criminal statute that plaintiffs assert interferes with the performance of abortions. Jurisdiction is conferred by 28 U.S.C. § 1331, as the action arises under the Constitution and laws of the United States. The parties stipulated to dismissal of all state law claims (docket # 24). Plaintiffs' motion for class certification (docket # 44) and defendants' motion...

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