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LITTLE ROCK FAMILY PLANNING SERVICES v. JEGLEY

No. 99-1004.

192 F.3d 794 (1999)

LITTLE ROCK FAMILY PLANNING SERVICES, P.A.; Curtis E. Stover, M.D., on behalf of himself and the patients he serves; William Harrison, M.D., on behalf of himself and the patients he serves; Tom Tvedten, M.D., on behalf of himself and the patients he serves; and Max Baldwin, M.D., on behalf of himself and the patients he serves, Appellees, v. Larry JEGLEY, Prosecuting Attorney for Pulaski County, in his official capacity, his agents and successors; and Terry Jones, Prosecuting Attorney for Washington County, in his official capacity, his agents and successors, Appellants, Ray Jouett, Chair of the Arkansas State Medical Board, in his official capacity, his agents and successors, Defendant, Arkansas Right to Life Political Action Committee, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 24, 1999.

Attorney(s) appearing for the Case

Robert A. Russell, Asst. Atty. Gen., Little Rock, AR, argued (Timothy G. Gauger, Asst. Atty. Gen., Little Rock, AR, on the brief), for appellant.

Janet Benshoof, New York, NY, argued (Priscilla J. Smith, New York, NY, on the brief), for appellee.

Before RICHARD S. ARNOLD and WOLLMAN, Circuit Judges, and MAGNUSON, District Judge.

RICHARD S. ARNOLD, Circuit Judge.

The defendants appeal a District Court3 decision holding Arkansas's Partial-Birth Abortion Ban Act of 1997 unconstitutional and permanently enjoining enforcement of the Act. This opinion is filed jointly with Carhart v. Stenberg, 192 F.3d 1142 (8th Cir.1999), holding Nebraska's "partial-birth abortion" ban unconstitutional...

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