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CAUSEWAY MEDICAL SUITE v. IEYOUB

No. 95-31178.

123 F.3d 849 (1997)

CAUSEWAY MEDICAL SUITE; Hope Medical Group for Women, on behalf of themselves and the patients they serve, Plaintiffs-Appellees, v. Richard P. IEYOUB, Attorney General, State of Louisiana; Michael J. Foster, Jr., Governor, State of Louisiana; Bobby P. Jindal, Secretary of the Louisiana Department of Health and Hospitals; Madlyn B. Bagneris, Secretary of the Louisiana Department of Social Services, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 23, 1997.

Attorney(s) appearing for the Case

Eve C. Gartner, Kathryn Bernard Kolbert, Center for Reproductive Law & Policy, New York City, William E. Rittenberg, New Orleans, LA, for Plaintiffs-Appellees.

Roy A. Mongrue, Jr., Asst. Atty. General, Thomas S. Halligan, Asst. Atty. General, Baton Rouge, LA, for Defendants-Appellants.

Dorinda C. Bordlee, Metairie, LA, for Louisiana Lawyers For Life, Amicus Curiae.

John H. Henn, Foley, Hoag & Eliot, Boston, MA, for American Public Health Association and American Medical Women's Association, Amicus Curiae.

Robin Elise Schulberg, American Civil Liberties Union Foundation of Louisiana, New Orleans, LA, for American Civil Liberties Union Foundation of Louisiana, Amicus Curiae.

Before POLITZ, Chief Judge, and EMILIO M. GARZA and STEWART, Circuit Judges.

PER CURIAM:

A member of the Court in active service having requested a poll on the reconsideration of this cause en banc, and a majority of the judges in active service not having voted in favor, rehearing en banc is DENIED.

EDITH H. JONES, Circuit Judge, joined by JOLLY, HIGGINBOTHAM, SMITH, BARKSDALE, EMILIO M. GARZA* and DeMOSS, Circuit Judges, dissenting from the denial of rehearing en banc:

The panel majority...

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