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CROSSEN v. ATTORNEY GENERAL OF CMWLTH. OF KENTUCKY

No. 2143.

344 F.Supp. 587 (1972)

Phillip CROSSEN et al., Plaintiffs, v. ATTORNEY GENERAL OF the COMMONWEALTH OF KENTUCKY and Commonwealth Attorney, Defendant.

United States District Court, E. D. Kentucky, Lexington Division.

May 19, 1972.

Attorney(s) appearing for the Case

Robert A. Sedler, Lexington, Ky., for plaintiffs.

Michael R. Moloney, M. Curran Clem, Asst. Attys. Gen., Frankfort, Ky., for defendant.

Robert F. Greene, Burlington, Ky., Robert C. Cetrulo, Covington, Ky., for Right to Life Committee, amicus curiae.

Before PECK, Circuit Judge, and BRATCHER and SWINFORD, District Judges.

OPINION

SWINFORD, District Judge.

This case is before the court for final disposition on the merits; the sole question is the constitutionality of the Kentucky Abortion Statute, KRS 436.020. The case has traveled a torturous gamut of jurisdictional challenges, a summary of which is appropriate.

The case was filed by the plaintiffs on May 13, 1970. The constitutionality of the statute was attacked and a request made that a three judge panel be called...

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