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MUNSON v. JANKLOW

No. 76-2103.

563 F.2d 933 (1977)

Benjamin H. MUNSON, M.D., Appellant, v. William J. JANKLOW, Attorney General of South Dakota, his agents, successors, and those acting in concert with him, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 21, 1977.

Attorney(s) appearing for the Case

Roy Lucas, Washington, D. C., for appellant.

Brent A. Wilbur, Asst. Atty. Gen., Pierre, S. D., argued, William J. Janklow, Atty. Gen., on brief, for appellees.

Before GIBSON, Chief Judge, HEANEY, Circuit Judge, and DEVITT, Chief District Judge.

DEVITT, Chief District Judge.

For review here is the ruling of the United States District Judge for the District of South Dakota dismissing an action seeking to enjoin a state criminal prosecution against appellant.

Appellant, a Rapid City, South Dakota medical doctor, performed an elective abortion upon Ms. Linda Padfield on June 15, 1973. She died three days later. Appellee, the Attorney General of South Dakota, filed a preliminary information against plaintiff...

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