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PLANNED PARENTHOOD OF BLUE RIDGE v. CAMBLOS

No. 97-1853

155 F.3d 352 (1998)

PLANNED PARENTHOOD OF THE BLUE RIDGE; Herbert C. Jones, Jr., M.D.; Planned Parenthood of Metropolitan Washington; Virginia League for Planned Parenthood; Hillcrest Clinic; Richmond Medical Center for Women; Thomas Gresinger, M.D.; Commonwealth Women's Clinic; Planned Parenthood of Southeastern Virginia, Plaintiffs-Appellees, v. James L. CAMBLOS, in his official capacity as Commonwealth's Attorney for the County of Albemarle, and as a representative of all the Commonwealth's Attorneys in Virginia, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 20, 1998.

Attorney(s) appearing for the Case

ARGUED: William Henry Hurd, Deputy Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Simon Heller, The Center for Reproductive Law & Policy, New York City, for Appellees. ON BRIEF: Richard Cullen, Attorney General of Virginia, Claude A. Allen, Deputy Attorney General, Siran S. Faulders, Senior Assistant Attorney General, Garland L. Bigley, Assistant Attorney General, Alison P. Landry, Assistant Attorney General, Brian M. McCormick, Assistant Attorney General, Daniel J. Poynor, Assistant Attorney General, Rita R. Woltz, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Karen A. Raschke, Macaulay, Lee & Powell, Richmond, Virginia, for Appellees.

Before WILKINSON, Chief Judge, and WIDENER, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Chief Judge WILKINSON and Judges WIDENER, WILKINS, NIEMEYER, and WILLIAMS joined. Chief Judge WILKINSON wrote a concurring opinion. Judge WIDENER wrote a concurring opinion. Judge MICHAEL wrote an opinion concurring in the judgment, in which Judges MURNAGHAN, ERVIN, and DIANA GRIBBON MOTZ joined.

OPINION

LUTTIG, Circuit Judge:

Following eighteen years of public debate...

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