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PLANNED PARENTHOOD OF HOUSTON AND SOUTHEAST TEXAS v. SANCHEZ

No. 06-50013.

480 F.3d 734 (2007)

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-Appellants, v. Eduardo J. SANCHEZ, Texas Commissioner of Health, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 2007.

Attorney(s) appearing for the Case

Roger K. Evans, Planned Parenthood Fed. of America, New York City, R. James George, Jr. (argued), George & Brothers, Peter Drew Kennedy, Graves, Dougherty, Hearon & Moody, Austin, TX, Helene T. Krasnoff, Planned Parenthood Fed. of America, Washington, DC, for Plaintiffs-Appellants.

David S. Morales, Deputy Atty. Gen. for Civil Litigation (argued), Austin, TX, for Sanchez.

Before SMITH, BENAVIDES and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Six Planned Parenthood organizations located in Texas (collectively, "Plaintiffs") appeal from the district court's denial of their request for attorney's fees under 42 U.S.C. § 1988. This request came at the tail end of a multi-year litigation prompted by the Texas Legislature's 2003 passage of legislation barring the distribution of federal family planning money to entities that perform abortion procedures. For the reasons that follow...

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