WALKER v. PIERCE

Nos. 75-2212 and 75-2213.

560 F.2d 609 (1977)

Virgil WALKER and Shirley Brown, Appellants, v. Clovis H. PIERCE, M.D., et al., etc., Appellees. Virgil WALKER and Shirley Brown, Appellees, v. Clovis H. PIERCE, M.D., Appellant, George A. Poda, M.D., etc., et al., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 26, 1977.


Attorney(s) appearing for the Case

Neil Bradley, Atlanta, Ga. (H. Christopher Coates, Atlanta, Ga., Joseph J. Levin, Montgomery, Ala., Melvin L. Wulf, New York City, Emily Calhoun, Athens, Ga., Carlton Bagby, Columbia, S. C., on brief), for appellants in 75-2212 and for appellees in 75-2213.

Stephen G. Morrison, Columbia, S. C. (R. Bruce Shaw, Wm. S. Davies, Jr., Nelson Mullins, Grier & Scarborough, Columbia, S. C., B. Henderson Johnson, Jr., Williams & Johnson, Aiken, S. C., on brief), Edward E. Poliakoff, Asst. Atty. Gen., W. G. Lynn, Jr., Aiken, S. C. (Daniel R. McLeod, Atty. Gen., C. Tolbert Goolsby, Jr., Deputy Atty. Gen., John L. Choate, Asst. Atty. Gen., Columbia, S. C., on brief), for appellees in 75-2212 and for appellants in 75-2213.

Before BRYAN, Senior Circuit Judge, and BUTZNER and RUSSELL, Circuit Judges.


ALBERT V. BRYAN, Senior Circuit Judge:

Violation of their civil rights1 was laid, in this action for damages and declaratory and injunctive relief by Virgil Walker and Shirley Brown, black females, to Clovis H. Pierce, the attending obstetrician at the Aiken County Hospital in South Carolina for sterilizing them, or threatening to do so, solely on account of their race and number of their children, while they were receiving medical assistance...

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