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DOE v. DUNBAR

Civ. A. No. C-2402.

320 F.Supp. 1297 (1970)

Susan DOE et al., Plaintiffs, v. Duke DUNBAR, Attorney General for the State of Colorado, and Mike McKevitt, District Attorney for the 2d Judicial District, Floyd Marks, District Attorney for the 17th Judicial District, Defendants.

United States District Court, D. Colorado.

December 22, 1970.

Attorney(s) appearing for the Case

Howard B. Gelt and Richard D. Lamm, Henry W. Toll, Jr., Charles Frederickson, and Tom Lamm, Denver, Colo., for plaintiffs.

Duke W. Dunbar, Atty. Gen., of Colo., pro se.

John P. Moore, Deputy Atty. Gen., and Eugene C. Cavaliere, Asst. Atty. Gen., Denver, Colo., for Duke Dunbar.

James D. McKevitt, Dist. Atty., for the Second Judicial District, pro se.

Tom Casey, Deputy Dist. Atty., Denver, Colo., for Mike McKevitt.

Floyd Marks, Dist. Atty., for the 17th Judicial District, pro se.

Harlan R. Bockman, Asst. Dist. Atty., Commerce City, Colo., for Floyd Marks.

Before LEWIS, Chief Circuit Judge, ARRAJ and CHILSON, District Judges.

MEMORANDUM OPINION AND ORDER

ARRAJ, District Judge.

Plaintiffs brought this action seeking a declaration that Colorado's abortion statute is unconstitutional and a permanent order enjoining defendant officials from enforcing the statute. Because a substantial question was raised concerning the constitutionality of a state statute, a three-judge court was convened pursuant to 28 U.S.C. § 2281 (1964). Defendants have moved to dismiss on two grounds: this...

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