HATHAWAY v. WORCESTER CITY HOSPITAL

No. 72-1114.

475 F.2d 701 (1973)

Robbie Mae HATHAWAY, Plaintiff, Appellant, v. WORCESTER CITY HOSPITAL et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 22, 1973.


Attorney(s) appearing for the Case

Mel L. Greenberg, Worcester, Mass., with whom Teshoian, Greenberg & Drapos, Worcester, Mass., and Matthew Feinberg, Boston, Mass., were on brief, for appellant.

Bennett S. Gordon, Asst. City Sol., for appellees.

Roger P. Stokey and Goodwin, Procter & Hoar, Boston, Mass., on brief for Planned Parenthood League of Massachusetts, amici curiae.

Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.


COFFIN, Chief Judge.

Appellant, who has had twelve pregnancies resulting in eight live offspring, and whose life would be jeopardized by future pregnancies, challenges as unconstitutional the policy of the Worcester City Hospital barring the use of its facilities in connection with any consensual sterilization.

The following facts are established by the record. Appellant, married and 36 years old at the time of the complaint, suffers from high blood pressure...

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