Shipley v. Cates

STEPHEN N. LIMBAUGH, JR., Judge.

I respectfully dissent. The contracts entered into between the Director of the Missouri Department of Health and the Planned Parenthood defendants were illegal and void. Therefore, the state is entitled to the return of the funds expended. It is no defense that the contracts were fully performed, because suit was filed before any funds were expended and any services were performed so that defendants were put on notice that the contracts were suspect from the start.

The family planning appropriations for the four years in question were conditioned on the…