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POE v. GERSTEIN

No. 74-2745.

517 F.2d 787 (1975)

Paula POE et al., and all others similarly situated, Plaintiffs-Appellees, v. Richard E. GERSTEIN, etc., et al., etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 18, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., J. Robert Olian, Asst. Atty. Gen., Chief Counsel, Miami, Fla., for defendants-appellants.

Roy Lucas, Washington, D. C., Joseph P. Farina, Miami Shores, Fla., for plaintiffs-appellees.

Before TUTTLE, GODBOLD and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

The state of Florida appeals the judgment of a three-judge district court which declared Fla.Stat.Ann. § 458.22(3) (Supp.1975-76) unconstitutional. We agree that the statute is unconstitutional and we therefore affirm the judgment below.

I.

A pregnant married woman, a pregnant minor (referred to in this litigation by the pseudonyms "Nancy Coe" and "Patricia Noe" respectively...

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