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ARMSTRONG v. STATE

No. 98-066.

989 P.2d 364 (1999)

1999 MT 261

James H. ARMSTRONG, M.D.; Susan Cahill, P.A.; Barbara Polstein, D.O.; Mindy Opper, P.A.; and Blue Mountain Clinic, on behalf of themselves and their patients throughout Montana, the surrounding states and Canada, Plaintiffs and Respondents, v. The STATE of Montana and Joseph P. Mazurek, in his official capacity as Attorney General for the State of Montana and his agents and successors, Defendants and Appellants.

Supreme Court of Montana.

Submitted July 1, 1999.

Decided October 26, 1999.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, Clay R. Smith, Solicitor (argued), Helena, Montana, for Appellant.

Janet Benshoof, Simon Heller (argued), Julie F. Kay, The Center for Reproductive Law & Policy, New York, New York; Bruce Measure, Law Offices of Ambrose Measure, Kalispell, Montana, for Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Plaintiffs James H. Armstrong, M.D.; Susan Cahill, P.A.; Barbara Polstein, D.O.; Mindy Opper, P.A.; and Blue Mountain Clinic, filed suit in this matter seeking a determination that § 37-20-103, MCA (1995), and § 50-20-109, MCA (1995), prohibiting physician assistants-certified from performing abortions, violates the privacy, equal protection and bill of attainder provisions of the Montana...

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