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ROE v. RAMPTON

No. 75-1555.

535 F.2d 1219 (1976)

Mary ROE, on behalf of herself and all other persons similarly situated, Appellant, v. Honorable Calvin L. RAMPTON, Individually and in his capacity as Governor of the State of Utah, and Honorable Vernon B. Romney, Individually and in his capacity as Attorney General of the State of Utah, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 4, 1976.

Attorney(s) appearing for the Case

David S. Dolowitz, of Parsons, Behle & Latimer, Salt Lake City, Utah, for appellant.

William T. Evans, Asst. Atty. Gen., Salt Lake City, Utah, for appellees.

Before SETH and McWILLIAMS, Circuit Judges, and MORRIS, Chief Judge.

PER CURIAM.

A three-judge court sitting as the United States District Court for the District of Utah in an action challenging a Utah statute relative to abortions entered an order which in part stated:

". . . This court . . . now enters its order abstaining and dismissing the above entitled action to allow the state courts to decide the questions, including the determination of a class, presented by this case."

The plaintiff has taken an appeal to...

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