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CLEVELAND SURGI-CENTER, INC. v. JONES

No. 92-4371.

2 F.3d 686 (1993)

CLEVELAND SURGI-CENTER, INC.; Planned Parenthood Association of Cincinnati; Akron Center for Reproductive Health, Inc.; Women's Pavillion, Inc., d/b/a Center for Choice II; Women's Med + Center, Ltd., d/b/a Women's Med + Center of Dayton; Lee I. Rubinstein, M.D., individually and on behalf of their patients, Plaintiffs-Appellants, v. Stephanie Tubbs JONES, in her official capacity as Cuyahoga County Prosecutor, and John H. Gibbon, in his official capacity as Prosecuting Attorney for the City of Cleveland Heights, and as representatives of the class of public officials empowered to enforce the provisions of Ohio Rev.Code § 2919.12, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 13, 1993.

Attorney(s) appearing for the Case

Kim F. Bixenstine, Jones, Day, Reavis & Pogue, Cleveland, OH, Roger K. Evans, Celeste Lacy Davis (argued and briefed), Planned Parenthood Federation of America, Inc., New York City; and Alphonse A. Gerhardstein, Laufman, Rauh & Gerhardstein, Cincinnati, OH, for plaintiffs-appellants.

Richard A. Goulder (argued and briefed), Office of the Pros. Atty.; John H. Gibbon (argued), Walter, Haverfield, Buescher & Chockley, Cleveland, OH; and Laure A. Wagner (briefed), Office of the Director of Law, Cleveland Heights, OH, for defendants-appellees.

Before: KENNEDY and SILER, Circuit Judges; and CONTIE, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Plaintiffs appeal the dismissal of their claims challenging the constitutionality of the state of Ohio's judicial bypass system for minors seeking an abortion. On June 17, 1991, five institutional abortion providers and a physician filed a complaint in the United States District Court for the Northern District of Ohio, seeking (1) a declaration that Ohio's parental notification legislation, codified under Ohio Rev.Code Ann. §§ 2151...

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