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COX v. STANTON

No. 74-2218.

529 F.2d 47 (1975)

Nial Ruth COX, Appellant, v. A. M. STANTON, M.D., et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1975.

Attorney(s) appearing for the Case

Kenneth N. Flaxman, Durham, N. Car. (Adam Stein, J. LeVonne Chambers, Chambers, Stein & Ferguson, Charlotte, N. C., on brief), for appellant.

John H. Anderson, Fayetteville, N. C., William F. O'Connell, Asst. Atty. Gen. of N. C., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of N. C., Carl J. Bailey, Arthur E. Cockrell, Bailey & Cockrell, Plymouth, N. C., Smith, Anderson, Blount & Mitchell, Raleigh, N. C., Robert Wendell Hutchins, Hutchins & Romanet, Plymouth, N. C., and Clarence W. Griffin, Williamston, N. C., on brief), for appellees.

Before WINTER and WIDENER, Circuit Judges, and MERHIGE, District Judge.

WINTER, Circuit Judge:

Nial Ruth Cox, a 28-year-old black woman, was permanently sterilized at the Washington County Hospital, Plymouth, North Carolina, on February 10, 1965. The operation was performed under the authority of a North Carolina statute which has since been extensively revised.

Suing in the district court, Miss Cox sought damages and a declaratory judgment that the sterilization statute is unconstitutional. She allegedly brought the declaratory...

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