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RHODE ISLAND MEDICAL SOC. v. WHITEHOUSE

No. 99-2141.

239 F.3d 104 (2001)

RHODE ISLAND MEDICAL SOCIETY, ET AL., Plaintiffs, Appellees, v. Sheldon WHITEHOUSE, Attorney General of the State of Rhode Island, in his official capacity, Defendant, Lincoln C. Almond, Governor for the State of Rhode Island, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 12, 2001.

Rehearing and Suggestion for Rehearing Denied March 16, 2001.

Attorney(s) appearing for the Case

Joseph S. Larisa, Jr., Executive Counsel, Claire Richards, Deputy Executive Counsel, Thomas M. Dickinson, and Pine & Cantor, on brief for appellant.

Catherine Weiss, Caitlin Borgmann, Talcott Camp, Jessie Hill, Reproductive Freedom Project, American Civil Liberties Union Foundation, Lynette Labinger and Roney & Labinger, on brief for appellees.

Before TORRUELLA, Chief Judge, LIPEZ, Circuit Judge, and STEARNS, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 16, 2001.

PER CURIAM.

Governor Lincoln Almond has appealed a district court judgment, permanently enjoining enforcement of Rhode Island's ban on partial birth abortions, R.I. Gen. Laws § 23-4.12 ("the Act"). See Rhode Island Med. Soc'y v. Whitehouse, 66 F.Supp.2d 288 (D.R.I.1999). We affirm.

Appellant does not contend that the Act...

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