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McCORMACK v. HERZOG

No. 13-35401.

788 F.3d 1017 (2015)

Jennie Linn McCORMACK, Plaintiff-Appellee, Richard Hearn, M.D., on his own behalf and on behalf of his patients, Intervenor-Plaintiff-Appellee, v. Stephen F. HERZOG, Bannock County Prosecuting Attorney, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2015.

Attorney(s) appearing for the Case

Clay R. Smith (argued), Deputy Attorney General, and Steven L. Olsen , Chief of Civil Litigation, Attorney General's Office, Boise, ID, for Defendant-Appellant.

Richard A. Hearn (argued), Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, ID, for Plaintiff-Appellee.

Jack Van Valkenburgh , Boise, ID, for Intervenor-Plaintiff-Appellee.

Kathleen M. O'Sullivan and Katherine G. Galipeau , Perkins Coie LLP, Seattle, WA, for Amici Curiae Legal Voice, Center for Reproductive Rights, National Advocates for Pregnant Women, and Planned Parenthood of the Great Northwest.

Lawrence J. Joseph , Washington, D.C., for Amicus Curiae Eagle Forum Education and Legal Defense Fund.

Before: HARRY PREGERSON and KIM McLANE WARDLAW, Circuit Judges, and DONALD E. WALTER, Senior District Judge.

OPINION

In this 42 U.S.C. § 1983 action, Stephen Herzog, the Prosecuting Attorney of Bannock County, Idaho, appeals the district court's order denying his motion for partial summary judgment and granting the joint motion for partial summary judgment in favor of appellees Jennie McCormack ("McCormack") and...

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