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RICHMOND MEDICAL CENTER FOR WOMEN v. GILMORE

No. 98-1930.

183 F.3d 303 (1998)

RICHMOND MEDICAL CENTER FOR WOMEN; William G. Fitzhugh, M.D.; Hillcrest Clinic; Herbert C. Jones, Jr., M.D.; Planned Parenthood of Metropolitan Washington, DC, Incorporated; Virginia League for Planned Parenthood; Planned Parenthood of the Blue Ridge, Plaintiffs-Appellees, v. James GILMORE, in his official capacity as Governor of the State of Virginia; David M. Hicks, in his (CA-98-309-3) official capacity as Commonwealth Attorney for the City of Richmond; Donald S. Caldwell, in his official capacity as Commonwealth Attorney for the County of Roanoke; Howard Gwynn, in his official capacity as Commonwealth Attorney for the City of Newport News; Charles D. Griffith, Jr., in his official capacity as Commonwealth Attorney for the City of Norfolk; Robert F. Horan, Jr., in his official capacity as Commonwealth Attorney for the County of Fairfax; James L. Camblos, III, in his official capacity as Commonwealth Attorney for the County of Albemarle, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Dissent Filed August 11, 1998.

ORDER

Upon the record and after briefing and oral argument, it is adjudged and ordered that the motion to vacate the stay of the district court's order appealed from shall be, and it hereby is, denied.

Judge Widener and Judge Luttig vote to deny the motion, Judge Murnaghan would vacate the stay and votes to grant the motion.

The members of the panel may append to this order their reasons for their positions in writing.

With the concurrences...

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