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PRO-CHOICE MISSISSIPPI v. FORDICE

No. 95-CA-00960-SCT.

716 So.2d 645 (1998)

PRO-CHOICE MISSISSIPPI, on Behalf of Itself and Its Members, Joseph Booker, M.D., Tom Tvedten, M.D. and New Woman Medical Center v. Kirk FORDICE, Governor of the State of Mississippi and His Employees, Agents and Successors; Mike Moore, Attorney General of the State of Mississippi and His Employees, Agents and Successors; and Mississippi State Department of Health.

Supreme Court of Mississippi.

August 13, 1998.

Attorney(s) appearing for the Case

Catherine Albisa, Katherine Kolbert, New York City, Robert B. McDuff, Jackson, for Appellants.

Michael C. Moore, Attorney General, T. Hunt Cole, Special Asst. Atty. Gen., Michael B. Wallace, Phelps, Dunbar, Robert T. Higginbotham, Jr., Jackson, for Appellee.

Paul B. Linton, Northbrook, IL, Paul W. Crutcher, Oxford, for amicus curiae.

En Banc.

SULLIVAN, Presiding Justice, for the Court:

¶ 1. The original opinions in this case are withdrawn and these opinions are substituted therefor.

PART ONE

BACKGROUND — FEDERAL LITIGATION

¶ 2. On June 27, 1986, Helen Barnes, M.D., Henry Thomas Gunter, M.D., Mississippi Women's Medical Clinic, New Woman Medical Center (Jackson) and New Woman Medical Center (Bay St. Louis) challenged the facial constitutionality...

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