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ORR v. NELSON

No. 4:CV94-3252.

902 F.Supp. 1019 (1994)

G. William ORR, M.D., on behalf of himself and the Medicaid-eligible women seeking abortions he serves; and Womens Services, P.C., Plaintiffs, v. E. Benjamin NELSON, in his official capacity as Governor of the State of Nebraska; Donald Stenberg, in his official capacity as Attorney General of the State of Nebraska; and Mary Dean Harvey, in her official capacity as Director of the Nebraska Department of Social Services, Defendants.

United States District Court, D. Nebraska.

November 4, 1994.

Attorney(s) appearing for the Case

Lawrence I. Batt, Batt & Associates, Omaha, NE, and Simon Heller, Janet Benshoof, The Center for Reproductive Law & Policy, New York City, for Plaintiffs.

David T. Bydalek, Assistant Attorney General, Lincoln, NE, for Defendants.

MEMORANDUM AND ORDER

KOPF, District Judge.

Because the State of Nebraska refuses to use its Medicaid funds to pay for abortions in cases of rape and incest, the plaintiffs have sued the defendants, seeking injunctive relief. The plaintiffs have filed a motion for summary judgment (Filing 7). There are no material facts in dispute, and the defendants concede standing and concede that the case may be decided on...

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