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MANNING v. HUNT

No. 97-1126.

119 F.3d 254 (1997)

Richard O. MANNING, M.D.; Raleigh Women's Health Organization, Incorporated; Takey Crist, M.D., on their own behalf and on behalf of their minor patients, Plaintiffs-Appellants, v. James B. HUNT, Jr., Governor of the State of North Carolina, in his official capacity; Ronald L. Moore, District Attorney of Buncombe County, in his official capacity; Peter S. Gilchrist, III, Mecklenburg County District Attorney, in his official capacity; C. Colon Willoughby, Jr., Wake County District Attorney, in his official capacity; William H. Andrews, Onslow County District Attorney, in his official capacity, Defendants-Appellees, North Carolina Right To Life, Incorporated, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 11, 1997.

Attorney(s) appearing for the Case

ARGUED: Deborah Koff Ross, ACLUNC Legal Foundation, Raleigh, NC, for Appellants. Grady L. Balentine, Jr., Assistant Attorney General, Raleigh, NC, for Appellees. ON BRIEF: Ellen W. Gerber, High Point, NC; C. Frank Goldsmith, Marion, NC; Catherine Weiss, Louise Melling, Talcott Camp, Reproductive Freedom Project, American Civil Liberties Union Foundation, New York City, for Appellants. Michael F. Easley, North Carolina Attorney General, Raleigh, NC for Appellees. Paul Stam, Jr., Theodore S. Danchi, Apex, NC, for Amicus Curiae.

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

Affirmed by published opinion. Senior Judge CLARKE wrote the opinion, in which Judge MURNAGHAN and Judge WILLIAMS joined.

OPINION

CLARKE, Senior District Judge:

This case comes before the Court on appeal of the District Court's denial of a preliminary injunction enjoining enforcement of North Carolina's Act to Require Parental or Judicial Consent for an Unemancipated Minor's Abortion, N.C. Gen.Stat...

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