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CHEFFER v. McGREGOR

No. 93-2407.

6 F.3d 705 (1993)

Myrna CHEFFER, Plaintiff-Appellant, v. Robert McGREGOR, Circuit Judge for the 18th Judicial Circuit, Norman Wolfinger, State Attorney for Seminole and Brevard Counties, Claude Miller, Sheriff for Brevard County, Keith I. Chandler, Melbourne, Chief of Police, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 20, 1993.

Attorney(s) appearing for the Case

Mathew D. Staver and Jeffrey T. Kipi, Orlando, FL, for plaintiff-appellant.

Gerald B. Curington, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, FL and James L. Reinman, Melbourne, FL, for defendants-appellees.

Before TJOFLAT, Chief Judge, DUBINA, Circuit Judge, and PAINE, Senior District Judge.

TJOFLAT, Chief Judge:

Myrna Cheffer appeals from the district court's denial of her motion for a preliminary injunction preventing the enforcement of a state court injunction that regulates anti-abortion speech at an abortion clinic. Because the district court mistook the legal significance of the state court injunction, and therefore erred in its application of the law to the merits of Cheffer's motion, we vacate and remand.

I.

Perhaps few Americans...

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