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DELAWARE WOMEN'S HEALTH ORGAN., INC. v. WIER

Civ. A. No. 77-87.

441 F.Supp. 497 (1977)

DELAWARE WOMEN'S HEALTH ORGANIZATION, INC., Barbara L. Fishel, Susan Hill and John F. MacGuigan, M.D., Plaintiffs, v. Richard R. WIER, Jr., Attorney General of the State of Delaware, Defendant.

United States District Court, D. Delaware.

October 6, 1977.

Attorney(s) appearing for the Case

Roger Sanders of Prickett, Ward, Burt & Sanders, Wilmington, Del., for plaintiffs; Frank Susman of Susman, Schermer, Willer & Rimmel, St. Louis, Mo., of counsel.

James F. Bailey, Asst. Atty. Gen., Dept. of Justice, Wilmington, Del., for defendant.

MURRAY M. SCHWARTZ, District Judge.

The question presented is whether under the facts of this case a federal court has the requisite jurisdiction to declare unconstitutional certain Delaware abortion statutes1 as applied to the termination of pregnancy by women in consultation with their duly licensed physicians.

Subchapter VIII2 of Chapter 17 of 24 Del.C., the operative Delaware abortion statutes,...

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