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NATIONAL ORGANIZATION FOR WOMEN v. OPERATION RESCUE

No. 94-1681.

47 F.3d 667 (1995)

NATIONAL ORGANIZATION FOR WOMEN; 51st State National Organization for Women; Maryland National Organization for Women; Virginia National Organization for Women; Planned Parenthood of Metropolitan Washington, DC, Incorporated; National Abortion Federation; Commonwealth Women's Clinic; Capitol Women's Center, Incorporated; Hillcrest Women's Surgi-Center; Metropolitan Family Planning Institute; Uptown Women's Clinic; Harold Johnson; Barbara Lofton; Cygma; Planned Parenthood of Maryland; Baltimore Women's Medical Center; Hillcrest Clinic — Baltimore; Metropolitan Family Planning; Metropolitan Family Planning Institute, I; Gynecare Center; Prince George's Reproductive Health Services; Planned Parenthood Metropolitan, Washington, Incorporated, Plaintiffs-Appellees, v. OPERATION RESCUE; Project Rescue; Randall Terry; Patrick Mahoney; Clifford Gannett; Michael McMonagle; Michael Bray; Jane Bray, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1995.

Attorney(s) appearing for the Case

ARGUED: John David Etheriedge, American Center for Law & Justice, Decatur, GA, for appellants. Rene Irene Augustine, Covington & Burling, Washington, DC, for appellees. ON BRIEF: Jay A. Sekulow, James M. Henderson, Sr., Byron J. Babione, American Center for Law & Justice, Washington, DC, for appellants. D. Jean Veta, Laurence J. Eisenstein, Covington & Burling, Washington, DC; Deborah Ellis, NOW Legal Defense & Educ. Fund, New York City, for appellees.

Before HALL and NIEMEYER, Circuit Judges, and WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published per curiam opinion.

OPINION

PER CURIAM:

Operation Rescue and several individuals connected with that organization appeal from the district court's exercise of discretion in refusing to vacate a two and one-half year old judgment, which they failed to appeal, in circumstances where the motion to vacate under Federal Rule of Civil Procedure 60(b) was filed over a year after the event giving rise to the motion. Finding that the...

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