NEW YORK STATE NAT. ORGANIZATION FOR WOMEN v. TERRY

Nos. 1427, 1552 and 1553, Dockets 90-6187, 91-6011 and 91-6029.

996 F.2d 1351 (1993)

NEW YORK STATE NATIONAL ORGANIZATION FOR WOMEN; New York City Chapter of the National Organization for Women; National Organization for Women; Religious Coalition for Abortion Rights — New York Metropolitan Area; New York State National Abortion Rights Action League; Planned Parenthood of New York City, Inc.; Eastern Women's Center, Inc.; Planned Parenthood Clinic (Bronx); Planned Parenthood Clinic (Brooklyn); Planned Parenthood Margaret Sanger Clinic (Manhattan); Ob-Gyn Pavilion; the Center for Reproductive and Sexual Health; VIP Medical Associates; Bill Baird Institute (Suffolk); Bill Baird Institute (Nassau); Dr. Thomas J. Mullin; Bill Baird; Reverend Beatrice Blair; Rabbi Dennis Math; Reverend Donald Morlan; Pro-Choice Coalition, Plaintiffs-Appellees, and The City of New York, Intervenor-Appellee, and United States of America, Creditor-Appellee, v. Randall A. TERRY; Operation Rescue; Reverend James P. Lisante; Thomas Herlihy; John Doe(s); Jane Doe(s), the last two being fictitious Names, the real names of said defendants being presently unknown to plaintiffs, said fictitious names being intended to designate organizations or persons who are members of defendant organizations, and others acting in concert with any of the defendants who are engaging in, or intend to engage in, the conduct complained of herein, Defendants, Randall A. Terry; Operation Rescue; and Thomas Herlihy, Defendants-Appellants, Bernard Nathanson, Respondent, Jesse Lee; Joseph Foreman; Michael McMonagle; Jeff White; Florence Talluto; Michael LaPenna; Adelle Nathanson; Reverend Robert Pearson; BiState Operation Rescue Network; and Christopher Slattery, Respondents-Appellants, A. Lawrence Washburn, Jr., Counsel-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 13, 1992.

Vacated March 29, 1993.

Reinstated July 2, 1993.


Attorney(s) appearing for the Case

William P. Harrington, White Plains, NY and A. Lawrence Washburn, Jr., New York City (Bleakley, Platt & Schmidt, White Plains, NY, Michael P. Tierney, Karin M. Burke, Legal Center for Defense of Life, New York City, and Joseph P. Secola, McCarthy & Secola, New Milford, CT, of counsel), for defendants-appellants and respondents-appellants.

David Cole, Washington, DC and Ruth Jones, Deborah Ellis, New York City (Center for Constitutional Rights, Washington, DC, NOW Legal Defense & Educ. Fund, New York City, of counsel), for plaintiffs-appellees.

Hillary Weisman, Asst. Corp. Counsel for the City of New York, New York City (O. Peter Sherwood, Corp. Counsel for the City of New York, of counsel), for intervenor-appellee.

Before: KEARSE, MAHONEY, and SNEED, Circuit Judges.


PER CURIAM:

We initially decided this appeal in New York State National Organization for Women v. Terry, 961 F.2d 390 (2d Cir.1992). The Supreme Court granted certiorari sub. nom Pearson v. Planned Parenthood Margaret Sanger Clinic, and vacated and remanded for further consideration in light of Bray v. Alexandria Women's Health Clinic, ___ U.S. ___, 113 S.Ct. 753, 122 L.Ed.2d 34 (1993). Pearson, ___ U.S...

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