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AID FOR WOMEN v. FOULSTON

No. 04-3310.

441 F.3d 1101 (2006)

AID FOR WOMEN, on its own behalf, Teri Augustus, L.M.S.W., Margot Breckbill, R.N., Tracy Cowles, M.D., Willow Eby, R.N., Vicki Epp, L.B.S.W., Margaret Estrin, M.D., Herbert Hodes, M.D., Traci Nauser, M.D., Colleen O'Donnel, R.N-C., Staci Morgan, D.O., Beth McGilley, Ph.D., Trina Wheeler, L.M.S.W., and Sherman Zaremski, M.D., on behalf of themselves and their adolescent patients and clients under the age of sixteen, and as representatives of a class of similarly situated individuals, Plaintiffs-Appellees, v. Nola FOULSTON, in her official capacity as District Attorney, 18th Judicial District of Kansas, and as representative of a class of all county and district attorneys in the state of Kansas, and Phill Kline, acting in his official capacity as Attorney General of the State of Kansas, Defendants-Appellants. American Academy of Family Physicians, American Medical Association, American Medical Women's Association, American Nurses Association, American Psychiatric Association, American Society for Adolescent Psychiatry, Kansas Chapter of the American Academy of Pediatrics, Kansas Medical Society, Kansas Psychiatric Society, Kansas Public Health Association, Kansas Section of District VII of the American College of Obstetricians and Gynecologists, Kansas State Nurses Association, National Association of Social Workers and Its Kansas Chapter, Society for Adolescent Medicine, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 27, 2006.

Attorney(s) appearing for the Case

Stephen O. Phillips, Assistant Attorney General, (Phill Kline, Attorney General, with him on the briefs), Topeka, KS, for Defendants-Appellants.

Laura B. Shaneyfelt, Hulnick Law Offices, Wichita, KS, and Bonnie Scott Jones and Simon Heller, Center for Reproductive Rights, New York, NY, for Plaintiffs-Appellees.

Margaret A. Dale, Proskauer Rose LLP, New York, NY, filed an amicus brief on behalf of the American Academy of Family Physicians, et al., in support of Plaintiffs-Appellees.

Before EBEL and PORFILIO, Circuit Judges, and HERRERA, District Judge.

ORDER

The Court, on its own motion, has amended the Order and Judgment filed January 27, 2006, nunc pro tunc to that date. In addition, we direct publication.

The amended opinion is attached to this order.

The petition for rehearing en banc was transmitted to all of the judges of the court who are in regular active service. As no judge in regular active service on the court requested that the court be polled on the en banc request, that petition...

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