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HOLTON v. CROZER-CHESTER MEDICAL CTR.

No. 76-2197.

560 F.2d 575 (1977)

Mary HOLTON and Iseann Morse, on behalf of themselves and all others similarly situated, and Ruth Begley, Appellants, v. CROZER-CHESTER MEDICAL CENTER, Maternal and Infant Care Clinic of Crozer-Chester Medical Center, Fifth and Penn Street, Chester, Pennsylvania, Dr. James Loucks, Administrator and President of Crozer-Chester Medical Center, 15th and Upland Street, Upland, Pennsylvania, Dr. Marshall Klaven, Director of Crozer-Chester Medical Center, 15th and Upland Street, Upland, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided August 3, 1977.

Attorney(s) appearing for the Case

Doris J. Dabrowski, Delaware County Legal Assist. Ass'n, Inc., Chester, Pa., for appellants.

John W. Wellman, Petrikin, Wellman, Damico & Carney, Steven G. Brown, Media, Pa., for appellees.

Before GIBBONS, MARIS and JAMES HUNTER, III, Circuit Judges.

JAMES HUNTER, III, Circuit Judge:

This case arises from a hospital policy of refusing to allow sterilization of a married woman without her husband's consent. The court below dismissed the complaint as to the hospital for lack of subject matter jurisdiction. After filing this appeal, plaintiffs moved in district court to amend their pleadings to include allegations of newly discovered evidence on state action, to support relief under 42 U.S.C. § 1983 and jurisdiction...

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