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WYNN v. SCOTT

No. 78 C 237.

448 F.Supp. 997 (1978)

Ralph M. WYNN, M. D., Allan G. Charles, M. D., Jerzy Jozef (George) Biezenski, M. D., Marvin Rosner, M. D., Jane Doe and Sally Roe, Individually and on behalf of all others similarly situated, Plaintiffs, v. William J. SCOTT, Attorney General of the State of Illinois, Bernard Carey, State's Attorney for County of Cook, Illinois, their agents, successors, and all others similarly situated, and Paul Q. Peterson, M. D., Director of Public Health, State of Illinois, Defendants.

United States District Court, N. D. Illinois, E. D.

February 23, 1978.

Attorney(s) appearing for the Case

Lois J. Lipton, and David A. Goldberger, Roger Baldwin Foundation of the American Civil Liberties Union, Inc., R. Peter Carey, Jeffrey W. Finke, and Merle L. Royce, Sidley & Austin, Chicago, Ill., for plaintiffs.

John D. Gorby, Dennis J. Horan, Patrick A. Trueman, Americans United for Life Legal Defense Fund, Chicago, Ill., for intervening defendant, Eugene F. Diamond, M. D.

Bernard Carey, State's Atty. of Cook County, and John Dienner, Asst. State's Atty., Chicago, Ill., for defendants.

MEMORANDUM DECISION ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

MARSHALL, District Judge.

This civil rights action, brought under 42 U.S.C. § 1983 by four physicians and two pregnant minors, challenges the constitutionality of the Illinois Abortion Parental Consent Act of 1977. Jurisdiction is conferred by 28 U.S.C. § 1343(3). Plaintiffs seek a preliminary injunction restraining enforcement of...

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