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BABBITZ v. McCANN

No. 69-C-548.

306 F.Supp. 400 (1969)

Sidney G. BABBITZ, M.D., Plaintiff, v. E. Michael McCANN, District Attorney of Milwaukee County, and F. Ryan Duffy, Jr., Judge of the County Court, Milwaukee County, Defendants.

United States District Court E. D. Wisconsin.

December 2, 1969.

Attorney(s) appearing for the Case

Nathaniel D. Rothstein, Milwaukee, Wis., for plaintiff; Milton R. Bordow and Roy O. Conen, Milwaukee, Wis., of counsel.

John J. Spindler, Asst. Dist. Atty., Milwaukee, Wis., for defendants.

OPINION AND ORDER DENYING TEMPORARY RESTRAINING ORDER AND GRANTING REQUEST FOR THREE-JUDGE COURT

REYNOLDS, District Judge.

This is an action in which the plaintiff attacks the validity, under the Constitution of the United States, of § 940.04 of the Wisconsin Statutes, and seeks a judgment declaring that § 940.04 violates the Constitution of the United States, and further seeks an injunction restraining the defendants from enforcing or executing...

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