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HODGSON v. FLAKNE

Civ. No. 4-76-293.

463 F.Supp. 67 (1978)

Jane E. HODGSON, M. D., Allen W. Delzell, M. D., and all others similarly situated, Plaintiffs, v. Gary W. FLAKNE, Hennepin County Attorney, William B. Randall, Ramsey County Attorney, Warren Spannaus, Attorney General for the State of Minnesota, Warren Lawson, Commissioner of Health of the State Department of Health and Executive Secretary of the State Board of Health, their agents, assigns, successors, representatives, and those acting in concert with them, and all others similarly situated, Defendants.

United States District Court, D. Minnesota, Fourth Division.

November 30, 1978.

Attorney(s) appearing for the Case

Roy Lucas, Washington, D. C., Maynard E. Pirsig, and Gary B. Crawford, Minneapolis, Minn., for plaintiffs.

Gary W. Flakne, Hennepin County Atty. and David A. Olson, Asst. Hennepin County Atty., Minneapolis, Minn., for defendant Flakne.

William B. Randall, Ramsey County Atty., St. Paul, Minn., for defendant Randall.

Warren R. Spannaus, Atty. Gen., and Thomas H. Jensen, Sp. Asst. Atty. Gen., St. Paul, Minn., for defendant Attorney General and State of Minnesota.

Before HEANEY, Circuit Judge, DEVITT, Chief District Judge, and LORD, District Judge.

MEMORANDUM and ORDER

DEVITT, Chief District Judge.

This declaratory judgment action is brought by two medical doctors, as class representatives, against the Minnesota Attorney General and two Minnesota County Attorneys to determine the constitutionality of a 1976 Minnesota law regulating abortions. This Memorandum and Order is in response to cross motions for summary judgment. The statute, Minn.Stat. § 145.423(2), reads:

When an abortion is...

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