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WOLFE v. SCHROERING

No. 75-1318.

541 F.2d 523 (1976)

Dr. Walter WOLFE and Dr. Phillip S. Crossen, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Edwin A. SCHROERING, Jr., Commonwealth Attorney for the 30th Judicial District of Kentucky, Individually and as representative of the Commonwealth Attorneys for the 53 Judicial Districts of Kentucky, and Ed W. Hancock, Attorney General of Kentucky, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 18, 1976.

Attorney(s) appearing for the Case

Ed W. Hancock, Atty. Gen., Carl T. Miller, Jr., Edwin A. Schroering, Jr., Frankfort, Ky., for defendants-appellants.

James R. McCormick, Hubbell, Blakeslee, McCormick & Houlihan, Traverse City, Mich., for intervenor.

Robert Allen Sedler, Lexington, Ky., Judith Mears, Yale Legal Services Organization, Yale Law School, New Haven, Conn., Herbert L. Segal (Ky. Nurses Assn.), Louisville, Ky., for plaintiffs-appellees.

Before PECK, McCREE and MILLER, Circuit Judges.

JOHN W. PECK, Circuit Judge.

Named plaintiffs-appellees, Kentucky board-certified obstetrician-gynecologists regularly performing abortions, filed on May 20, 1974, the instant purported class action against a named commonwealth attorney and the commonwealth attorney general, challenging the constitutionality of the March 29, 1974, Kentucky abortion statute, Ky.Rev.Stat. 311.710 et seq., 436.023 (1975). A three-judge court having been designated, depositions having...

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