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WICKLUND v. LAMBERT

No. CV 93-92-BU-DWM.

979 F.Supp. 1285 (1997)

Susan WICKLUND, M.D., et al, Plaintiffs, v. Martin D. LAMBERT, in his individual capacity and in his official capacity as Gallatin County Attorney, Defendant.

United States District Court, D. Montana, Butte Division.

October 9, 1997.

Attorney(s) appearing for the Case

Bruce A. Measure, Law Offices of Ambrose G. Measure, Kalispell, MT, Janet Benshoof, Simon Heller, Center for Productive Law and Policy, New York, NY, for Plaintiffs.

Joseph P. Mazurek, Clay R. Smith, Elizabeth S. Baker, Office of Montana Attorney General, Helena, MT, for Defendant.

ORDER

MOLLOY, District Judge.

I. Background

This action is a facial challenge to the constitutionality of Montana's Parental Notice of Abortion Act (Montana Act), Mont. Code Ann. §§ 50-20-201 to -215. The case is here on remand from the Ninth Circuit following the Supreme Court's decision in Lambert v. Wicklund, ___ U.S. ___, 117 S.Ct. 1169, 137 L.Ed.2d 464 (1997). The order of remand from the Ninth Circuit instructed that the...

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