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SPENCER v. SOUTHEAST MISSOURI HOSPITAL

No. S78-0058C.

452 F.Supp. 597 (1978)

Geneva SPENCER and all others similarly situated, Plaintiffs, v. SOUTHEAST MISSOURI HOSPITAL, Norval A. Randol, both Individually and in his capacity as President of the Board, David Niswonger, both Individually and in his capacity as Executive Director, all other Members of the Board of Southeast Missouri Hospital, both Individually and in their capacities as members of the Board, their names to be ascertained later and added to the Petition when determined, Defendants.

United States District Court, E. D. Missouri, Southeastern Division.

July 10, 1978.

Attorney(s) appearing for the Case

James E. Starnes, Bootheel Area Legal Assistance Program, Sikeston, Mo., for plaintiffs.

Stephen E. Strom, Cape Girardeau, Mo., for defendants.

MEMORANDUM

NANGLE, District Judge.

This matter is before the Court upon plaintiff's application for a temporary restraining order. Plaintiff brought this suit as a class action alleging violation of her constitutional rights because defendants have refused to perform a certain surgical procedure without the consent of Spencer's husband. Jurisdiction is based upon 28 U.S.C. § 1343 in conjunction with 42 U.S.C. § 1983. Defendants contend that this...

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