ZBARAZ v. QUERN

No. 77-2290.

572 F.2d 582 (1978)

David ZBARAZ, M.D., Martin Motew, M.D., on their own behalf and on behalf of all others similarly situated; Chicago Welfare Rights Organization, an Illinois not-for-profit Corporation, Plaintiffs-Appellants, v. Arthur F. QUERN, Director of the Illinois Department of Public Aid, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 15, 1978.


Attorney(s) appearing for the Case

Robert Bennett, Chicago, Ill., Aviva Futorian, Robert E. Lehrer, Wendy Meltzer, James D. Weill, Legal Assistance Foundation of Chicago, Chicago, Ill., David Goldberger, Lois J. Lipton, Roger Baldwin Foundation of ACLU, Chicago, Ill., for plaintiffs-appellants.

John D. Gorby, Americans United for Life Legal Defense Fund, Chicago, Ill., amicus curiae.

William J. Scott, Atty. Gen., Chicago, Ill., William A. Wenzel, Sp. Asst. Atty. Gen., Chicago, Ill., for defendant-appellee.

Before SPRECHER, BAUER and WOOD, Circuit Judges.


PER CURIAM.

Appellants brought an action in the District Court for the Northern District of Illinois to enjoin enforcement of Illinois statute P.A. 80-1091, which prohibits public assistance funding of all abortions except those medically necessary for the preservation of the life of the pregnant woman. The complaint asserts that P.A. 80-1091 violates Title XIX of the Social Security Act, 42 U.S.C. §§ 1396...

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