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GABRYNOWICZ v. HEITKAMP

Civ. No. A2-95-76.

904 F.Supp. 1061 (1995)

Joanne Irene GABRYNOWICZ, on behalf of herself and all similarly situated women in North Dakota, and John Graham, Plaintiffs, v. Heidi HEITKAMP, in her official capacity as Attorney General of the State of North Dakota, Defendant.

United States District Court, D. North Dakota, Northeastern Division.

November 14, 1995.

Attorney(s) appearing for the Case

Simon Heller, Center for Reproductive Law and Policy, New York City, for Plaintiffs.

Sara B. Gullickson, Assistant Attorney General, Fargo, ND, for Defendant.

MEMORANDUM AND ORDER

WEBB, Chief Judge.

Plaintiffs challenge the constitutionality of provisions regarding pregnancy and abortion in North Dakota's "Uniform Rights of the Terminally Ill Act" (URTIA) and "Durable Power of Attorney for Health Care Act" (DPAHCA). Before the court is the defendant's motion to dismiss (docket #4).

Background

URTIA deals with the execution and enforcement of so-called "living wills." The act recognizes...

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