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VUITCH v. HARDY

No. 72-1890.

473 F.2d 1370 (1973)

Milan M. VUITCH, M. D., Appellee, v. James Brown HARDY, Acting Warden of the Maryland Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 20, 1973.

Attorney(s) appearing for the Case

Francis X. Pugh, Asst. Atty. Gen. of Maryland (Francis B. Burch, Atty. Gen. on brief), for appellant.

Roy Lucas, Washington, D. C. (E. Barrett Prettyman, Jr., Washington, D. C., Timothy J. Bloomfield, Oxford, Md., and Randall C. Coleman, Baltimore, Md., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WINTER and BUTZNER, Circuit Judges.

PER CURIAM:

The district court held that petitioner had exhausted his available state remedies prior to filing an application for a writ of habeas corpus and that the writ should issue because the Maryland Therapeutic Abortion Act, 4B Ann.Code of Maryland, Art. 43, §§ 137 et seq. (1971 Repl. Vol.), under which petitioner was convicted, was unconstitutional, because of the limitations which it placed upon the performance...

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