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PLANNED PARENTHOOD OF MID-MISSOURI v. DEMPSEY

No. 98-2951.

167 F.3d 458 (1999)

PLANNED PARENTHOOD OF MID-MISSOURI AND EASTERN KANSAS, INC., Plaintiff/Appellee, v. Maureen DEMPSEY, Director of the Department of Health of the State of Missouri, Defendant/Appellee, John Doe, 1 thru 99, employees of the State of Missouri, Defendant, State of Missouri, Intervenor Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 3, 1999.

Attorney(s) appearing for the Case

Roger K. Evans, New York, New York, argued (Arthur A. Benson II, Jamie Kathryn Lansford, Curtis E. Woods and Lana Knedlik, Kansas City, MO, on the brief), for Plaintiff/Appellee.

Karen King Mitchell, Jefferson City, MO, argued (Greg Scott and Kimberly Harper, on the brief), for Defendant/Appellee.

Jordan B. Cherrick, St. Louis, MO, argued (Fernando Bermudez, Norbert Glassl and Suzanne J. Gau, on the brief), for Intervenor Defendant/Appellant.

Before WOLLMAN, BRIGHT, and HANSEN, Circuit Judges.

WOLLMAN, Circuit Judge.

The State of Missouri appeals from the district court's grant of preliminary and permanent injunctions against the enforcement of section 10.715 of the Missouri code, which prevents abortion service providers from receiving state family-planning funds. We vacate the injunctions and remand with directions.

I.

Missouri appropriates funds to assist low-income residents with family planning. As a qualified family-planning service...

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