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ROACH v. STOUFFER

No. 08-1429.

560 F.3d 860 (2009)

Kevin M. ROACH; Choose Life of Missouri, Inc., Appellees, v. Bill STOUFFER, Defendant, Karen King Mitchell, Appellant, Matt Bartle; John Griesheimer; Delbert Scott; Frank Barnitz; Joan Bray; Rita Heard Days; Neal St. Onge; Charlie Schlottach; Lanie Black; Mike Daus; Wayne Henke, in their official capacity as members of the Joint Committee on Transportation Oversight; Terry Young, in her official capacity as Director of the Missouri Department of Revenue; Charlie Denison, in his official capacity as a member of the Joint Committee on Transportation Oversight, Defendants. Eagle Forum Education and Legal Defense Fund; Law Students Pro-Life at Washington University in St. Louis School of Law; Students for Life; Life Choice Center for Women; Life-Choices Medical Clinic and Resource Center; Lifeline Pregnancy Resource Center; Open Arms Pregnancy Resource Center; Options Pregnancy Clinic; Pregnancy Care Center; Thrive St. Louis; Pregnancy Care Centers; Pregnancy Support Center, The National Legal Foundation, Not Party-Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 26, 2009.

Attorney(s) appearing for the Case

Joel E. Anderson, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellant.

Joel Lee Oster, Leawood, KS, argued (Kevin Theriot and Benjamin W. Bull, Scottsdale, AZ, on the brief), for appellees.

Andrew Schlafly, Far Hills, NJ (Eagle Forum Education & Legal Defense Fund, Law Students Pro-Life at Washington University in St. Louis School Law, and Students for Life at Saint Louis University), Steven W. Fitschen, of Virginia Beach, VA (The National Legal Foundation) and Mailee R. Smith, and Denise M. Burke, of Chicago, IL (Life Choice Center for Women, et al.), for amici briefs in support of appellees.

Before GRUENDER, BEAM and SHEPHERD, Circuit Judges.

GRUENDER, Circuit Judge.

Choose Life of Missouri, Inc. is a nonprofit Missouri corporation. Kevin Roach is the founder, president, and chairman of the board of directors of Choose Life of Missouri, Inc. Choose Life and Roach (collectively, "Choose Life") filed suit against Karen King Mitchell, Director of the Missouri Department of Revenue ("DOR"), in her official capacity, and against the members of the Joint Committee on Transportation Oversight ("Joint Committee...

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