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McGARVEY v. MAGEE-WOMENS HOSPITAL

Civ. A. No. 71-196.

340 F.Supp. 751 (1972)

Richard N. McGARVEY, M.D., Guardian Ad Litem for Baby Boy Doe and Baby Girl Roe, individually and as members of a class of conceived but unborn children, Plaintiffs, v. MAGEE-WOMENS HOSPITAL, a Pennsylvania Corporation, Defendants.

United States District Court, W. D. Pennsylvania.

March 17, 1972.

Attorney(s) appearing for the Case

John A. DeMay, Pittsburgh, Pa., for plaintiffs.

George Cass, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for defendants.

OPINION and ORDER

McCUNE, District Judge.

We are faced with two motions in this litigation which seek to enjoin a hospital from permitting the use of its facilities for the performance of abortions. The first is a motion that we dismiss the complaint for lack of jurisdiction because the action complained of was not carried out under color of state authority.

The second is for judgment on the pleadings alleging failure of the complaint to state a...

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