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ARMSTRONG v. MAZUREK

No. 95-35962.

94 F.3d 566 (1996)

John H. ARMSTRONG, M.D.; Mark Miles, M.D.; Susan Wicklund, M.D.; Susan Cahill, P.A.; Mark Stranahan; Mary Thompson, M.D.; Edwin Stickney, M.D.; on Behalf of themselves and their patients throughout Montana, the surrounding states and Canada and on behalf of a class of performing and referring physicians, Plaintiffs-Appellants, v. Joseph MAZUREK, Attorney General of the State of Montana, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1996.

Attorney(s) appearing for the Case

Janet Benshoof and Simon Heller, The Center for Reproductive Law and Policy, New York City; Bruce Measure, Law Offices of Ambrose Measure, Kalispell, Montana; Turner Graybill, Graybill, Ostrem, Warner and Crotty, Great Falls, Montana, for plaintiffs-appellants.

Clay R. Smith and Elizabeth Baker, Assistant Attorney General, Helena, Montana, for defendant-appellee.

Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges.

PER CURIAM:

James H. Armstrong, M.D., Susan Cahill and others appeal the district court's denial of their motion for a preliminary injunction against enforcement of Chapter 321 of the 1995 Montana Session Laws, passed as House Bill No. 442 (HB 442), a bill restricting the performance of abortions to licensed physicians. Appellants are licensed physicians or, in the case of Cahill, a physician's assistant, who are engaged in providing

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