NEW YORK STATE NAT. ORGANIZATION FOR WOMEN v. TERRY

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

41 F.3d 794 (1994)

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.

Vacated August 3, 1994.

Decided December 2, 1994.


Attorney(s) appearing for the Case

Joseph P. Secola, New Milford, CT (McCarthy & Secola, P.C., New Milford, CT, Michael P. Tierney, A. Lawrence Washburn, Jr., Karin M. Burke, Legal Center for Defense of Life, New York City, William P. Harrington, Bleakley, Platt & Schmidt, White Plains, NY, John F. Sweeney, Gabriel P. Kralik, Morgan & Finnegan, New York City, Walter T. Clark, Jr., Walter T. Clark, III, Mary N. Clark, Clark & Clark, New Rochelle, NY, of counsel), for defendants-appellants and respondents-appellants.

Kim J. Landsman, New York City, David Cole, Washington, DC (James M. Bergin, Morrison & Foerster, New York City, Center for Constitutional Rights, Washington, DC, Ruth Jones, Deborah Ellis, NOW Legal Defense and Education Fund, New York City, of counsel), for plaintiffs-appellees.

Hillary Weisman, Asst. Corp. Counsel of the City of New York, New York City, for plaintiff-intervenor.

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) ("NOW I"), by affirming most of the judgments of civil contempt from which this appeal was initially taken. See id. at 401. The Supreme Court granted certiorari, and vacated and remanded for further consideration in light of Bray v. Alexandria...

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