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DOE v. BELLIN MEMORIAL HOSPITAL

No. 73-1396.

479 F.2d 756 (1973)

Jane DOE and Herbert F. Sandmire, M.D., Plaintiffs-Appellees, v. BELLIN MEMORIAL HOSPITAL et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 1, 1973.

Attorney(s) appearing for the Case

Alexander R. Grant, Gregory B. Conway, Green Bay, Wis., for defendants-appellants.

Paul L. Jonjak, Sturgeon Bay, Wis., for plaintiffs-appellees.

Before KILEY, PELL and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

The district court ordered the defendant hospital to make its facilities and staff available to the plaintiff doctor for the immediate performance of an abortion on the plaintiff, Jane Doe. We stayed that order and expedited defendants' appeal. The ultimate issue is whether the defendants, who are regulated by the State of Wisconsin and have accepted financial support pursuant to the Hill-Burton Act, 42 U.S.C. § 291, may refuse to perform...

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