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McCABE v. NASSAU COUNTY MEDICAL CENTER

No. 93, Docket 71-1371.

453 F.2d 698 (1971)

Linda McCABE, Plaintiff-Appellant, v. NASSAU COUNTY MEDICAL CENTER et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 23, 1971.

Attorney(s) appearing for the Case

Jeremiah S. Gutman, New York City, (Janet K. Alter, Larchmont, N. Y., Ruth W. Friedman, New York City, on the brief), for plaintiff-appellant.

Louis Schultz, Deputy County Atty., Mineola, N. Y. (Joseph Jaspan, County Atty. of Nassau County, Biagio F. Giaquinto, Senior Deputy County Atty., Natale C. Tedone, Deputy County Atty., on the brief), for defendants-appellees.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

This case raises grave issues concerning the right of a woman to decide how many children she shall bear. In the summer of 1970, plaintiff Linda McCabe and her husband agreed, for reasons sufficient for them, that she should be sterilized. For that purpose, she went to the Nassau County Medical Center, a public hospital. The Medical Center refused to perform the operation because, according to its rules, Mrs. McCabe had to have five children...

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