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FARGO WOMEN'S HEALTH ORGANIZATION v. SCHAFER

No. 93-1579.

18 F.3d 526 (1994)

FARGO WOMEN'S HEALTH ORGANIZATION; Susan Wicklund, M.D.; George M. Miks, M.D.; Cynthia Palmer; Craig Shoemaker, M.D.; and Jane Doe, Plaintiffs-Appellants; v. Edward T. SCHAFER, as Governor of the State of North Dakota; Heidi Heitkamp, as Attorney General of the State of North Dakota, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Simon Heller of New York, NY.

Counsel who presented argument on behalf of the appellee was Sidney Hertz Fiergola of Bismarck, ND.

Before McMILLIAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

Fargo Women's Health Organization and individuals associated with it appeal from the district court's1 entry of summary judgment in favor of the State of North Dakota upholding the constitutionality of the North Dakota Abortion Control Act, N.D.Cent.Code §§ 14-02.1-01 to 14-02.1-12, amended by 1991 N.D.Laws ch. 141 (effective April 1, 1991). The Organization challenges two of the 1991...

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