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HERN v. BEYE

No. 94-1205.

57 F.3d 906 (1995)

Warren M. HERN; Grand Junction Women's Clinic; Planned Parenthood of the Rocky Mountains, named: Planned Parenthood of the Rocky Mountains, Inc.; Mayfair Women's Center, Plaintiffs-Appellees, v. Karen BEYE, Executive Director, State Department of Social Services, in her official capacity, Defendant-Appellant, Colorado State Legislature, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 8, 1995.

Attorney(s) appearing for the Case

Kathryn Kolbert, The Center for Reproductive Law & Policy, New York City (Eve C. Gartner and Janet Crepps, The Center for Reproductive Law & Policy, New York City, Daniel M. Reilly, McDermott, Hansen and Reilly, Denver, CO, with her on the brief), for plaintiffs-appellees.

Howard Holme and Craig A. Umbaugh, Fairfield and Woods, P.C., Denver, CO, on the brief for plaintiff-appellee Planned Parenthood of the Rocky Mountains, Inc.

Wade Livingston, First Asst. Atty. Gen., for the State of Colorado, Denver, CO (Gale A. Norton, Atty. Gen., and Paul Farley, Deputy Atty. Gen., with him on the briefs), for defendant-appellant Karen Beye.

Paul Benjamin Linton and Clarke D. Forsythe, Americans United for Life, Chicago, IL, on the brief amicus curiae for Colorado State Legislature.

Before MOORE, ANDERSON, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Plaintiffs are a physician and three women's health care facilities that provide abortion services to women in Colorado. They brought this action pursuant to 28 U.S.C. §§ 2201 and 2202 seeking to enjoin defendant Karen Beye, the executive director of Colorado's Department of Social Services, from enforcing Colo. Const. art. V, § 50, Colo.Rev.Stat. §§ 26-4-105.5, 26-4-512, and 26-15-104.5, and 10 Colo.Code Regs. §...

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