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United States Fifth Circuit

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Planned Parenthood of Cent. Texas v. Sanchez, 06-50013

Following litigation prompted by the Texas Legislature's passage of legislation barring distribution of federal family planning money to entities that perform abortion procedures, denial of Planned Parenthood organizations' request for attorney's fees under 42 U.S.C. section 1988 is affirmed where: 1) a preliminary injunction plaintiffs obtained before the district court did not entitle them to prevailing party status; and 2) plaintiffs were not prevailing parties on the basis of a circuit court decision.

Appellate Information

  • Decided 03/01/2007
  • Published 03/02/2007


  • PRADO, Circuit Judge:, Before SMITH, BENAVIDES and PRADO, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • 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.

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