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NYBERG v. CITY OF VIRGINIA

No. 73-1686.

495 F.2d 1342 (1974)

George W. NYBERG et al., Plaintiffs-Appellees, v. The CITY OF VIRGINIA et al., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 19, 1974.

Rehearing and Rehearing Denied June 3, 1974.

Attorney(s) appearing for the Case

O. C. Adamson, II, Minneapolis, Minn., for defendants-appellants.

Newton S. Friedman, Duluth, Minn., for plaintiffs-appellees.

Before BRIGHT and STEPHENSON, Circuit Judges, and STUART, District Judge.

Rehearing and Rehearing En Banc Denied June 3, 1974.

STEPHENSON, Circuit Judge.

The single issue to be decided in this case is the constitutionality of a resolution adopted by the municipal hospital at Virginia, Minnesota. The resolution prohibits the use of hospital facilities for the performing of any abortion which is not necessary to preserve the life of the mother. Because we find that the resolution unduly restricts what the United States Supreme Court...

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