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PLANNED PARENTHOOD OF DELAWARE v. BRADY

No. CIV.A.03-153-SLR.

250 F.Supp.2d 405 (2003)

PLANNED PARENTHOOD OF DELAWARE and Janice Tildon-Burton, Plaintiffs, v. M. Jane BRADY and Gayle Franzolino, Defendants.

United States District Court, D. Delaware.

March 14, 2003.

Attorney(s) appearing for the Case

Joseph A. Rosenthal, Jeffery S. Goddess, of Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, DE, Counsel for Plaintiffs. Of Counsel: Eve C. Gartner, Carrie Y. Flaxman, of Planned Parenthood Federation of America, New York City.

Marc. P. Niedzielkski, A. Ann Woolfolk, of State of Delaware, Wilmington, DE, Counsel for Defendants.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

On January 30, 2003, plaintiffs filed this action challenging the constitutionality of 24 Del. C. § 1794(b). The next day, the court entered a temporary restraining order preventing enforcement of the act. On February 11, 2003, a hearing was held regarding the continuation of the temporary restraining order. The court ordered a second temporary restraining order pending decision...

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