DOE v. BRIDGETON HOSPITAL ASS'N, INC.


71 N.J. 478 (1976)

366 A.2d 641

JANE DOE AND MARY ROE, INDIVIDUALLY AND ON BEHALF OF ALL OTHER WOMEN SIMILARLY SITUATED, AND DR. EDWARD S. MILNER, JR., AND DR. CALVIN HAHN, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PHYSICIANS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, v. BRIDGETON HOSPITAL ASSOCIATION, INC., NEWCOMB HOSPITAL, AND SALEM COUNTY MEMORIAL HOSPITAL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 17, 1976.


Attorney(s) appearing for the Case

Ms. Nadine Taub argued the cause for appellants (Ms. Taub and Mr. Steven Kleiner, attorneys; Mr. Rand Rosenblatt, a member of the Pennsylvania bar, of counsel).

Ms. Phyllis Gelman argued the cause for amicus curiae New Jersey State Office of Legal Services (Mr. Warren E. Smith, Director, attorney; Ms. Gelman and Ms. Phyllis G. Warren on the brief).

Mr. William P. Doherty, Jr. argued the cause for respondent Bridgeton Hospital Association, Inc.

Mr. Wayland Lucas argued the cause for respondent Salem County Memorial Hospital.

Mr. Joseph D. O'Neill argued the cause for respondent Newcomb Hospital (Messrs. Shapiro, Eisenstat, Capizola, O'Neill, Lisitski & Gabage, attorneys; Mr. Frank J. Petrino, Mr. O'Neill and Mr. Doherty on the joint brief).

Mr. John R. Heher argued the cause for amicus curiae New Jersey Hospital Association (Messrs. Smith, Stratton, Wise & Heher, attorneys; Mr. Heher of counsel; Mr. Frank J. Petrino on the brief).

Messrs. Lieb, Wolff & Samson submitted a brief on behalf of amicus curiae Religious Coalition for Abortion Rights (Ms. Ellen B. Kulka and Ms. Samantha Shad, a member of the New York and District of Columbia bars, of counsel and on the brief).


The opinion of the Court was delivered by SCHREIBER, J.

The plaintiffs, Jane Doe, Mary Roe and their doctors, Dr. Edward S. Milner, Jr. and Dr. Calvin Hahn, instituted an action to compel the Bridgeton Hospital Association (Bridgeton), the Newcomb Hospital (Newcomb) and the Salem County Memorial Hospital (Salem) to make their facilities available to the plaintiffs and their physicians, members of the hospital staffs, for elective...

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