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TARSNEY v. O'KEEFE

No. 99-2986.

225 F.3d 929 (2000)

James TARSNEY, Joe Loeffler, Wayne Olhoft, Tad Jude, Dr. Steve Calvin, Dr. Karen Karn, Dr. Konald Prem, Dr. Stanley Johnson, Brian Gibson, Jack Weiland, Russ Rooney, Mary Rooney, David Racer, Eugene Keating, Joseph Kueppers, John C. Cerrito, David States, Mary Kay States, Keith Jensen, Elizabeth Jensen, Roberta Becker, Linda Pettman, Karen Messicci, Angela Heithaus, Renae Lavoi, Cheri Emde, Mary Jacobs, Judy Hadley, Beth Gerlach, Mitzi Speranzella, Joan Appleton, Becky Saad, Marlene Reid, Bernadine Scroggins, Dr. Paul Spencer, Judi Spencer, Virginia Benyon, Jenifer Latawiec, Maria Schmitz, Barbara (Basia) Zebro, Cletus Tauer, Ramona Tauer, Peg Cullen, Meghan Jones, Mary Prior, Ruth Powers, Jolene Schmitz, Plaintiffs-Appellants, v. Michael O'KEEFE, Commissioner, Department of Human Services, State of Minnesota, Defendant-Appellee. The Roman Catholic Archdiocese, of St. Paul and Minneapolis; American Center for Law and Justice; The Knights of Columbus, St. Louis Park Council # 3949, Inc.; Members of the Minnesota Legislature; Minnesota Lawyers for Life, Amici on Behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 11, 2000.

Attorney(s) appearing for the Case

Wayne B. Holstad, St. Paul, MN, argued, for Appellant.

John L. Kirwin, St. Paul, MN, argued, for Appellee.

Before MURPHY, HEANEY, and MAGILL, Circuit Judges.

MURPHY, Circuit Judge.

This case was brought by forty-seven individuals seeking declaratory and injunctive relief against the State of Minnesota, the Minnesota Department of Human Services, and Commissioner Michael O'Keefe, including enjoining them from using state funds to pay for certain abortions for low income women. State funds have been used for these abortions since the Minnesota Supreme Court overturned a state statutory scheme which authorized state spending...

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