DOE v. DESCHAMPS

No. CV 74-120-M.

461 F.Supp. 682 (1976)

Jane DOE and James Armstrong, M.D., Plaintiffs, v. Robert L. DESCHAMPS, III, Missoula County Attorney, H. James Oleson, Flathead County Attorney, and Robert L. Woodahl, Attorney General for the State of Montana, Defendants.

United States District Court, D. Montana, Missoula Division.

November 5, 1976.


Attorney(s) appearing for the Case

James B. Wheelis, Datsopoulos & McDonald, Missoula, Mont., American Civil Liberties Union by Judith M. Mears, Director, Reproductive Freedom Project, ACLU, New York City, for plaintiffs.

Robert L. Woodahl, pro se.

John F. North, Thomas J. Beers, Helena, Mont., for defendant Woodahl.

Dennis E. Lind, Deputy County Atty., Missoula, Mont., for defendant Deschamps.

H. James Oleson, pro se.

Patrick M. Springer, County Atty., Kalispell, Mont., for defendants.

Before BROWNING, Circuit Judge, and SMITH and JAMESON, District Judges.


ORDER and MEMORANDUM OPINION

PER CURIAM:

Following the decision of this court in Doe v. Woodahl, 360 F.Supp. 20 (D.Mont. 1973), holding invalid Montana statutes regulating abortion, the Montana legislature in 1974 enacted the Montana Abortion Control Act, R.C.M.1947, § 94-5-613, et seq., with the intent "to restrict abortion to the extent permissible under decisions of appropriate courts or paramount...

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