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PLANNED PARENTHOOD ASSOCIATION v. FITZPATRICK

Civ. A. No. 74-2440.

401 F.Supp. 554 (1975)

PLANNED PARENTHOOD ASSOCIATION et al., Plaintiffs, Obstetrical Society of Philadelphia, Intervenor-Plaintiff, v. F. Emmett FITZPATRICK, Jr., and Frank S. Beal, Defendants, and Robert P. Kane and the Commonwealth of Pennsylvania, Intervenor-Defendants.

United States District Court, E. D. Pennsylvania.

September 4, 1975.

Attorney(s) appearing for the Case

Sharon K. Wallis, Roland Morris, Philadelphia, Pa., for plaintiffs.

Bonnie Brigance Leadbetter, Asst. Dist. Atty., Philadelphia, Pa., Mansmann & Mansmann, Pittsburgh, Pa., for defendants.

Before ADAMS, Circuit Judge and NEWCOMER and GREEN, District Judges.

OPINION

CLIFFORD SCOTT GREEN, District Judge.

This action comes before this Court upon a complaint challenging the constitutionality of the recently enacted Pennsylvania abortion statute, titled the "Abortion Control Act,"1 Act No. 209 (P.L. ___)2. Plaintiffs contend that the overriding purpose and dominant effect of the statute under attack is to discourage and interfere with certain clearly defined...

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