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PLANNED PARENTHOOD v. HEED

No. 04-1161.

390 F.3d 53 (2004)

PLANNED PARENTHOOD OF NORTHERN NEW ENGLAND, et al., Concord Feminist Health Center, Feminist Health Center of Portsmouth, and Wayne Goldner, M.D., Plaintiffs, Appellees, v. Peter HEED, Attorney General of the State of New Hampshire, in his Official Capacity, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 24, 2004.

Attorney(s) appearing for the Case

Daniel J. Mullen, Associate Attorney General, with whom Suzanne M. Gorman, Senior Assistant Attorney General, and Andrew B. Livernois, Assistant Attorney General, were on brief, for appellant.

Teresa Stanton Collett, Professor of Law University of St. Thomas School of Law, Minneapolis, MN, was on brief, for amici curia New Hampshire Legislators in support of appellant.

Dara Klassel, with whom Martin P. Honigberg, Sulloway & Hollis, PLLC, Jennifer Dalven, Corinne Schiff, Lawrence A. Vogelman, and Shuchman, Krause & Vogelman, PLLC, were on brief, for appellees.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SARIS, District Judge.

TORRUELLA, Circuit Judge.

Defendant-appellant Attorney General of the State of New Hampshire, Peter Heed, acting in his official capacity ("Attorney General"), appeals the district court's order declaring unconstitutional and enjoining the enforcement of the Parental Notification Prior to Abortion Act (the "Act"), 2003 N.H. Laws 173, codified at N.H.Rev.Stat. Ann. ("RSA") § 132:24-28 (2003).

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