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COE v. GERSTEIN

No. 72-1842-Civ-JE.

376 F.Supp. 695 (1973)

Nancy COE and Patricia Noe et al., Plaintiffs, v. Richard E. GERSTEIN, etc., et al., Defendants.

United States District Court, S. D. Florida.

As Amended August 22, 1973.

Rehearing Denied October 29, 1973.

Final Judgment April 17, 1974.

Attorney(s) appearing for the Case

Robert Shevin, Atty. Gen., Tallahassee, Fla., and Robert Olian, Asst. Atty. Gen., Miami, Fla., for defendants-appellants.

Roy Lucas, Washington, D. C., and Joseph P. Farina, Miami Shores, Fla., for plaintiffs-appellants.

Before DYER, Circuit Judge, and MEHRTENS and EATON, District Judges.

OPINION

This class action for declaratory and injunctive relief, heard by a duly convened three-judge district court, is a constitutional challenge to Florida's regulation of therapeutic abortions. Three plaintiffs in this proceeding — Carmichael, Shore and Herman — are Florida-licensed physicians practicing in the field of Family Medicine. They attack the constitutionality of Fla.Stat.Ann. § 458.22...

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