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FITZGERALD v. PORTER MEMORIAL HOSPITAL

No. 74-1949.

523 F.2d 716 (1975)

Evelyn FITZGERALD et al., Plaintiffs-Appellants, v. PORTER MEMORIAL HOSPITAL et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 26, 1975.

Rehearing Denied November 21, 1975.

Attorney(s) appearing for the Case

Judith M. Mears, American Civ. Liberties Union, New York City, Seymour Moskowitz, Gary, Ind., Ivan E. Bodensteiner, Valparaiso, Ind., Linda Georgeson and Marcia Soules, Law Students, for plaintiffs-appellants.

Daniel M. Schuyler, Chicago, Ill., Roger K. Claudon, Valparaiso, Ind., for defendants-appellees.

Before CASTLE, Senior Circuit Judge, and STEVENS and SPRECHER, Circuit Judges.

Rehearing En Banc Denied November 21, 1975.

STEVENS, Circuit Judge.

This appeal presents the question whether a mother, her husband, or their doctor has a constitutional right to have the father present during the birth of a child.

Porter Memorial Hospital, a public hospital, maintains and enforces a policy "prohibiting the presence of any person or persons in the Delivery Rooms located in the Obstetrics Ward other than members of the Medical Staff...

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