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SKRZYPCZAK v. KAUGER

No. 95-6156.

92 F.3d 1050 (1996)

Monica SKRZYPCZAK, an Oklahoma citizen, Plaintiff-Appellant, v. Yvonne KAUGER, Robert E. Lavender, Robert D. Simms, Hardy Summers, Joseph M. Watt, Ralph B. Hodges, Rudolph Hargrave, Alma Wilson, and Marian P. Opala, in their official capacities as Justices of the Oklahoma Supreme Court, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 12, 1996.

Attorney(s) appearing for the Case

Michael Minnis (David McCullough with him on the briefs), Michael Minnis & Associates, Oklahoma City, Oklahoma, for Appellant.

Scott D. Boughton, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), Oklahoma City, Oklahoma, for Appellees.

Before SEYMOUR, Chief Judge, PORFILIO and TACHA, Circuit Judges.

TACHA, Circuit Judge.

In 1993, the Oklahoma Supreme Court held that a proposed initiative restricting abortion, State Question 642 ("SQ 642"), could not be placed on the ballot because it was unconstitutional. In re Initiative Petition No. 349, 838 P.2d 1, 7-8 (Okla.1992), cert. denied, 506 U.S. 1071, 113 S.Ct. 1028, 122 L.Ed.2d 173 (1993). Monica Skrzypczak, who was not a party to that action, filed this suit against...

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