DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

042909P.pdf   11/28/2005  Reproductive Health  v.  Jeremiah W. Nixon
   U.S. Court of Appeals Case No:  04-2909
   Western District of Missouri   
   [PUBLISHED] [Bye, Author, with Loken, Chief Judge, and Fagg, Circuit Judge]
   Civil case - abortion. District court decision declaring Missouri's
   "Infant Protection Act," Mo. Rev. Stat. Sec. 565.300, unconstitutional,
   affirmed; a partial birth abortion ban can only survive review if the
   government shows the factual situation now existing differs from the
   factual situation which was present in Stenberg v. Carhart, 530 U.S. 914
   (2000); the facts the State of Missouri points to are insufficient to
   distinguish the case from Stenberg, and the district court did not err in
   granting the plaintiffs' motion for summary judgment on their claim that
   section was unconstitutional.