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PLANNED PARENTHOOD OF MINN./SOUTH DAK. v. JANKLOW

No. CIV. 02-4009-KES.

216 F.Supp.2d 983 (2002)

PLANNED PARENTHOOD OF MINNESOTA/SOUTH DAKOTA and Peter D'Ascoli, M.D., Plaintiffs, v. William J. JANKLOW, Governor, and Mark Barnett, Attorney General, in their official capacities, Defendants.

United States District Court, D. South Dakota, Southern Division.

August 14, 2002.

Attorney(s) appearing for the Case

Dara Klassel, Roger K. Evans, Carrie Y. Flaxman, Planned Parenthood Federation of America, Legal Action for Reproductive Rights, New York City, Rhonda C. Lockwood, Kenneth M. Tschetter, Lockwood Law Office, Sioux Falls, SD, Helene T. Krasnoff, Planned Parenthood Federation of America, Washington, D.C., for plaintiffs.

John P. Guhin, Frank E. Geaghan, Patricia J. Froning, Attorney General's Office, Pierre, SD, for defendant.

MEMORANDUM OPINION AND ORDER

SCHREIER, District Judge.

[¶ 1] Plaintiffs, Planned Parenthood of Minnesota/South Dakota and Peter D. Ascoli, M.D., bring this action seeking declaratory and injunctive relief. Plaintiffs seek to declare two provisions of South Dakota's abortion laws unconstitutional on their face: South Dakota Codified Laws §§ 22-17-5 and 34-23A-4. Defendants, Governor William J. Janklow and Attorney General Mark Barnett (State...

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