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DANIEL v. UNDERWOOD

No. CIV.A. 2:98-0495.

102 F.Supp.2d 680 (2000)

William D. DANIEL, M.D., et al., Plaintiffs, v. Cecil H. UNDERWOOD, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

July 7, 2000.

Attorney(s) appearing for the Case

Mary M. Downey Tower, Charleston, WV, Janet Benshoof, Simon Heller, Julie F. Kowitz, Sharon J. Persons, and Bonnie Scott Jones, The Center for Reproductive Law & Policy, New York, NY, for Plaintiffs.

James Bopp, Jr., Richard E. Coleson, Thomas J. Marzen—Bopp, Coleson & Bostrom, Terre Haute, IN, G. Patrick Stanton —Stanton & Stanton, Fairmont, WV, for Defendant Underwood.

Jon R. Blevins, Assistant Prosecuting Attorney—Office of the Prosecuting Attorney for Kanawha County, Charleston, WV, for Defendant Forbes.

Jeffery A. Davis—Office of Prosecuting Attorney, Clay, WV, for Intervenor-Defendant Davis.

Lucien R. Sammons, Jr.—Office of Prosecuting Attorney, West Union, WV, for Intervenor-Defendant Sammons.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the court are the Plaintiffs' Motion for Summary Judgment and Governor Underwood's Second Motion for Summary Judgment and Dismissal. These motions require the court to assess the constitutionality of provisions of the Women's Access To Health Care Act ("Act") that ban an abortion procedure that the Act characterizes as "partial-birth abortion...

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