DOE v. ROSE

No. 73-1736.

499 F.2d 1112 (1974)

Jane DOE, on behalf of herself and all others similarly situated, et al., Plaintiffs-Appellees, v. Paul S. ROSE, Individually and in his capacity as Executive Director of the Utah State Department of Social Services, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 27, 1974.


Attorney(s) appearing for the Case

David S. Dolowitz, Salt Lake City, Utah, for plaintiffs-appellees.

Willard Michael Howery, Asst. Atty. Gen. (Joseph McCarthy and William C. Loos, Asst. Attys. Gen., on the brief), for defendant-appellant.

Before DURFEE, Judge, and HILL and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

The issue here presented concerns the propriety of a so-called informal policy in Utah concerning abortions and the circumstances under which they would be paid for by federal-state welfare funds. Though the policy had not been reduced to writing, it nonetheless was followed by Paul S. Rose, the Executive Director of the Utah State Department of Social Services, in his administration of welfare monies.

Rose's policy was that an indigent...

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