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PLANNED PARENTHOOD OF HOUSTON AND SOUTHEAST TEX. v. SANCHEZ

No. 03-50930.

403 F.3d 324 (2005)

PLANNED PARENTHOOD OF HOUSTON AND SOUTHEAST TEXAS; Planned Parenthood of North Texas; Planned Parenthood of San Antonio and South Central Texas; Planned Parenthood of West Texas; Planned Parenthood of the Texas Capital Region; Planned Parenthood of Central Texas, Plaintiffs-Appellees, v. Eduardo J. SANCHEZ, Texas Commissioner of Health, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 11, 2005.

Attorney(s) appearing for the Case

Roger K. Evans (argued), Planned Parenthood Fed. of America, New York City, Peter Drew Kennedy, Graves, Dougherty, Hearon & Moody, Austin, TX, for Plaintiffs-Appellees.

R. Ted Cruz (argued), Lara Grant, Austin, TX, for Defendant-Appellant.

Paul Benjamin Linton, Northbrook, IL, Kelly J. Shackelford, Liberty Legal Institute, Plano, TX, for Amici Curiae.

Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Texas Legislature restricted the distribution of federal family planning funds. Finding this state legislation likely preempted by federal spending statutes, the district court granted a preliminary injunction against its enforcement. The district court concluded that the state legislation could not be interpreted to permit various Planned Parenthood organizations to continue receiving...

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