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McCULLEN v. COAKLEY

Civil Action No. 08-10066-JLT.

759 F.Supp.2d 133 (2010)

Eleanor McCULLEN, Jean Blackburn Zarrella, Gregory A. Smith, Carmel Farrell, and Eric Cadin, Plaintiffs, v. Martha COAKLEY, in her capacity as Attorney General for the Commonwealth of Massachusetts, Defendant.

United States District Court, D. Massachusetts.

December 29, 2010.

Attorney(s) appearing for the Case

Benjamin W. Bull , Alliance Defense Fund, Scottsdale, AZ, Michael J. Deprimo , Hamden, CT, Philip D. Moran , Salem, MA, Mark L. Rienzi , Catholic University of America, Columbus Law School, Washington, DC, Kevin H. Theriot , Alliance Defense Fund, Leawood, KS, for Plaintiffs.

Kenneth W. Salinger , Gabrielle Viator , Massachusetts Attorney General's Office, Boston, MA, for Defendants.

Dwight G. Duncan , Southern New England School of Law, North Dartmouth, MA, for Amicus.

MEMORANDUM

TAURO, District Judge.

I. Introduction

This case concerns a recently revised Massachusetts statute, Massachusetts General Laws Chapter 266, § 120E1/2 ("Act"), which establishes a thirty-five-foot fixed buffer zone around driveways and entrances of reproductive health care facilities ("RHCFs"). Presently at issue are Plaintiffs' Motion to Permit Arguments as to Facial Invalidity [# 95], Defendant's Motion...

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