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FORT WAYNE WOMEN'S HEALTH v. BD. OF COM'RS, ALLEN

Cause No. 1:10-CV-192 RM.

735 F.Supp.2d 1045 (2010)

FORT WAYNE WOMEN'S HEALTH, on its own behalf and on behalf of its patients, Dr. Ulrich G. Klopfer, on his own behalf and on behalf of his patients, Plaintiffs v. BOARD OF COMMISSIONERS, ALLEN COUNTY, INDIANA, Defendant.

United States District Court, N.D. Indiana, Fort Wayne Division.

August 11, 2010.

Attorney(s) appearing for the Case

Kenneth J. Falk , ACLU of Indiana, Indianapolis, IN, Suzanne Novak Phv, New York, NY, for Plaintiffs.

G . William Fishering , Laura L. Maser , Beers Mallers Backs & Salin LLP, Fort Wayne, IN, Matthew S. Bowman Phv , Steven H. Aden Phv , Alliance Defense Fund, Washington, DC, for Defendant.

OPINION and ORDER

ROBERT L. MILLER, JR., District Judge.

This matter comes before the court on the motion of Fort Wayne Women's Health and Dr. Ulrich G. Klopfer for preliminary injunction and on the Allen County Board of Commissioners' motion to dismiss. The court held a hearing on this matter on August 9, 2010, and the motions are ripe for decision.

I. FACTS

This case involves application of a county ordinance to an abortion provider...

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