NYBERG v. CITY OF VIRGINIA

No. 5-73 Civ. 72.

361 F.Supp. 932 (1973)

George W. NYBERG et al., Plaintiffs, v. The CITY OF VIRGINIA, MINNESOTA, et al., Defendants.

United States District Court, D. Minnesota, Fifth Division.

August 10, 1973.


Attorney(s) appearing for the Case

Friedman & Friedman by Newton S. Friedman, Duluth, Minn., appeared for plaintiffs.

O'Leary, Trenti, Berger & Carey, Virginia, Minn., by Thomas H. Carey, appeared for defendants.


NEVILLE, District Judge.

Presented here for decision is the question whether a hospital owned and operated by the municipality of Virginia, Minnesota, can constitutionally prohibit licensed physicians on its staff from using the hospital facilities for the performance of abortions.

The facts are substantially without dispute. Plaintiffs allege and defendants do not deny that plaintiffs George W. and Nancy R. Nyberg are husband and wife as are William A. and...

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