HOLMES v. POWERS


439 S.W.2d 579 (1968)

A. S. HOLMES and Whitley County Medical Society, Appellants, v. Allene POWERS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 9, 1969.


Attorney(s) appearing for the Case

Eugene Siler, Jr., Williamsburg, for appellants.

J. B. Johnson, Jr., Williamsburg, for appellee.


PALMORE, Judge.

This, to say the least, is an unusual case. The appellants, county health officer and local medical society of Whitley County, seek a declaratory judgment to the effect that they can sterilize the appellee, a 35-year-old unmarried woman who is mentally retarded and has two illegitimate children (one of whom also is retarded), without civil or criminal liability to themselves. They appeal from an adjudication that they "cannot legally perform a sexual...

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