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BAIRD v. BELLOTTI

Civ. A. No. 74-4992-F.

450 F.Supp. 997 (1978)

William BAIRD, Mary Moe, Parents Aid Society, Inc., Gerald Zupnick, M. D. and all others similarly situated, Plaintiffs, v. Francis X. BELLOTTI, Attorney General of the Commonwealth of Massachusetts, Garrett Byrne, District Attorney of the County of Suffolk, the District Attorneys for all other Counties, their agents, successors, those acting in concert with them, and all others similarly situated, Defendants, Jane Hunerwadel, Defendant-Intervenor.

United States District Court, D. Massachusetts.

May 2, 1978.

Attorney(s) appearing for the Case

Joseph Balliro, Joan Schmidt, Boston, Mass., for plaintiffs.

Garrick F. Cole, Michael Meyer, Thomas R. Kiley Asst. Attys. Gen., Boston, Mass., for defendants.

Brian Riley, Boston, Mass., for defendant-intervenor.

John H. Henn, Foley, Hoag & Eliot, Boston, Mass., amicus curiae.

Before ALDRICH, Senior Circuit Judge, JULIAN, Senior District Judge, and FREEDMAN, District Judge.

OPINION

ALDRICH, Senior Circuit Judge.

Introduction

This is the third time that this class action involving the constitutionality of a Massachusetts statute defining procedures that must be followed before a minor can obtain an abortion,1 has required a full opinion.2 It has been extensively prepared and briefed. Defendants

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