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KENNAN v. NICHOL

No. 71-C-118.

326 F.Supp. 613 (1971)

Alfred L. KENNAN, M.D., et al., Plaintiffs, v. Gerald C. NICHOL, Individually and as District Attorney, Dane County, State of Wisconsin, his agents, assistants, and all those acting in concert or cooperation with him to enforce Wisconsin Statutes 940.04(1) and (5), Defendants.

United States District Court, W. D. Wisconsin.

April 27, 1971.

Attorney(s) appearing for the Case

David C. Pappas and Charles P. Dykman, Madison, Wis., for plaintiffs Alfred L. Kennan, M.D., and Adrienne H. Campbell; Prof. George Bunn, Madison Wis., of counsel.

Percy L. Julian, Jr., Madison, Wis. for plaintiffs Smirnoff and Bashore.

Mary V. Bowman, Asst. Atty. Gen., Howard B. Hickman, Asst. Dist. Atty., Madison, Wis., for defendants.

OPINION AND TEMPORARY RESTRAINING ORDER

JAMES E. DOYLE, District Judge.

Plaintiffs attack Sections 940.04(1) and (5) of the Wisconsin Statutes, contending that they violate the Constitution of the United States. Section 940.04(1) provides that any person, other than the mother, who intentionally destroys the life of an unborn child may be punished by fine or imprisonment or both. Section 940.04(5) excepts from the prohibition a "therapeutic abortion," which...

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