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HALLMARK CLINIC v. NORTH CAROLINA DEPT. OF HUM. RES.

No. 74-2322.

519 F.2d 1315 (1975)

HALLMARK CLINIC and Harold R. Hoke, M.D., Appellants, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1975.

Attorney(s) appearing for the Case

Roy Lucas, Washington, D. C. (Adam Stein, Chapel Hill, N. C., on brief), for appellants.

William F. O'Connell, Asst. Atty. Gen., N. C. Dept. of Justice (Rufus L. Edmisten, Atty. Gen., N. C. Dept. of Justice, on brief), for appellees.

Before BOREMAN, Senior Circuit Judge, and RUSSELL and FIELD, Circuit Judges.

PER CURIAM.

Hallmark Clinic, and its proprietor, Harold R. Hoke, M.D., successfully obtained an injunction, pursuant to 42 U.S.C. § 1983, restraining enforcement of a regulation1 of the North Carolina Department of Human Resources which required any abortion clinic not associated with a hospital to enter into an emergency transfer agreement with a hospital which could be reached by transfer...

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