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EMMA G. v. EDWARDS

Civ. A. No. 77-1342.

434 F.Supp. 1048 (1977)

EMMA G. and Virginia W., on their own behalf and on behalf of all others similarly situated, Dr. Roy Wood and Dr. Calvin Jackson, on their own behalf and on behalf of all others similarly situated, and Orleans Women's Clinic and Clinical Leasing Services, Inc., d/b/a Delta Women's Clinic v. Edwin W. EDWARDS, Governor of the State of Louisiana, William Stewart, M.D., Secretary of the State of Louisiana Health and Human Resources Administration, and Charles B. Odom, M.D., Richard Miller, M.D., and Ike Muslow, M.D., Members of the Louisiana State Board of Medical Examiners, all of the above in their Individual and official capacities.

United States District Court, E. D. Louisiana.

July 11, 1977.

Attorney(s) appearing for the Case

Jane L. Johnson, Guy M. Huard, Jack M. Stolier, New Orleans Legal Assistance Corp., New Orleans, La., for plaintiffs Emma G. and Virginia W.

Janet Benshoof, American Civil Liberties Union Foundation, New York City, for plaintiffs Dr. Roy C. Wood, Dr. Calvin Jackson, Delta Women's Clinic and Orleans Women's Clinic.

R. James Kellogg, American Civil Liberties Union of Louisiana, Inc., New Orleans, La., for plaintiffs.

Lawrence L. McNamara, Adams & Reese, New Orleans, La., for defendants Charles B. Odom, M.D., Richard Miller, M.D., and Ike Muslow, M.D., Members of the Louisiana State Board of Medical Examiners.

William J. Guste, Jr., Atty. Gen., Warren E. Mouledous, First Asst. Atty. Gen., Joseph W. Thomas, Asst. Atty. Gen., Sam L. Levkowicz, Staff Atty., Louis M. Jones, Asst. Atty. Gen., Dept. of Justice, State of Louisiana, New Orleans, La., for defendants Edwin W. Edwards, Governor of the State of Louisiana and William Stewart, M.D., Secretary of the State of Louisiana Health and Human Resources Administration.

HEEBE, Chief Judge.

This suit was originally filed in order to enjoin the Louisiana Health and Human Resource Administration from denying Medicaid payments for therapeutic abortions performed outside of a hospital and to enjoin the State Board of Medical Examiners from enforcing LSA-R.S. 37:1285(9) against physicians who perform abortions. This section provides that:

"The board may refuse to issue, or may suspend or revoke any license or permit, or impose...

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