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DOE v. ISRAEL

Nos. 73-1177, 73-1178.

482 F.2d 156 (1973)

Jane DOE et al., Plaintiffs, Appellees, v. Richard J. ISRAEL, Attorney General, State of Rhode Island, Defendant, Appellant. Jane DOE et al., Plaintiffs, Appellees, v. Richard J. ISRAEL, Attorney General, State of Rhode Island, Defendant, Appellant, The Constitutional Right to Life Committee, Intervenor, Appellant.

United States Court of Appeals, First Circuit.

Decided June 6, 1973.

Attorney(s) appearing for the Case

W. Slater Allen, Jr., Asst. Atty. Gen., on motion for stay and memorandum in support thereof for Richard J. Israel, Atty. Gen., State of R. I.

Joseph P. Witherspoon, Austin, Tex., with whom Francis J. Boyle, Newport, R. I., was on motion for stay for The Constitutional Right to Life Committee.

Nancy Stearns, New York City, with whom Janice Goodman, New York City, Richard W. Zacks and Charles H. Edwards, Providence, R. I., were on memorandum in opposition to the stay for plaintiffs, appellees.

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

ON MOTION FOR STAY PENDING APPEAL

ALDRICH, Senior Circuit Judge.

Although the question presently before the court is the interlocutory one of whether a declaratory judgment of unconstitutionality of a state statute should be stayed pending defendant's appeal, we find ourselves inevitably faced with an appraisal of the ultimate substantive constitutional question. Plaintiffs Doe and Roe,1 alleging themselves to be a few weeks...

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