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CORKEY v. EDWARDS

Civ. No. 2665.

322 F.Supp. 1248 (1971)

Elizabeth CORKEY, Charles Hendricks, Roy Parker, Richard Burt and Arthur Jones, Plaintiffs, v. Dan K. EDWARDS, Thomas D. Cooper, Jr., Thomas W. Moore, Jr. and Jerry W. Whitley, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

Decided February 1, 1971.

Attorney(s) appearing for the Case

George S. Daly, Jr., Charlotte, N. C., Michael Katz, Evanston, Ill., and Roy Lucas, New York City, for plaintiffs.

James L. Blackburn, Raleigh, N. C., Staff Atty. for Attorney General's Office, and Arnold H. Loewy, Chapel Hill. N. C., for defendants.

Before CRAVEN, Circuit Judge, and JONES and McMILLAN, District Judges.

CRAVEN, Circuit Judge:

This is a class action brought before a three-judge court, 28 U.S.C. § 2281, to have the North Carolina Abortion Statute,1 G.S. §§ 14-44 to 14-45.1, declared unconstitutional and its enforcement enjoined.

Although the law is no respecter of persons, plaintiffs' very occupations lend credence to their contention that the state may not constitutionally...

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