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McKEE v. LIKINS

Nos. 46085, 46283.

261 N.W.2d 566 (1977)

Michael F. McKEE, Respondent-Appellant, v. Vera J. LIKINS, Appellant-Respondent, James W. Edmunds, et al., Defendants.

Supreme Court of Minnesota.

September 23, 1977.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Michael R. Saeger, Sp. Asst. Atty. Gen., St. Paul, for Vera Likins.

Briggs & Morgan and John R. Kenefick, St. Paul, for respondent-appellant.

Randall D. B. Tigue, Minn. Civil Liberties Union, Steven A. Grossman, Minneapolis, amicus curiae seeking reversal.

Considered and decided by the court en banc.

PER CURIAM.

Cross-appeals from a judgment of the Ramsey County District Court enjoining the state of Minnesota and Ramsey County from providing medical assistance to welfare recipients for abortions. This case involves the validity under the Minnesota Medicaid statute of the use of medical assistance funds for elective, nontherapeutic abortions. We hold that a policy bulletin issued by the Commissioner of Public Welfare which allowed the coverage of elective, nontherapeutic...

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