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JONES v. SMITH

No. 79-6403-CIV-SMA.

474 F.Supp. 1160 (1979)

John JONES, M.D., on his own behalf and on behalf of all others similarly situated, Plaintiff, v. James C. SMITH, Attorney General of Florida and Michael J. Satz, State Attorney Seventeenth Judicial Circuit, Florida, Defendants.

United States District Court, S. D. Florida.

July 13, 1979.

Attorney(s) appearing for the Case

Mary Ellen Shoemaker, Fort Lauderdale, Fla., Joel V. Lumer, Coral Gables, Fla., co-counsel, for plaintiff.

Martin S. Friedman, Asst. Atty. Gen., Dept. of Legal Affairs, Civ. Div., Tallahassee, Fla., for defendants.

MEMORANDUM OPINION and INJUNCTIVE ORDER

ARONOVITZ, District Judge.

In June, 1979, the Florida Legislature enacted a Medical Practices Act, ("the Act"), Chapter 458, Florida Statutes which contains a section regulating the termination of pregnancies in Florida (Section 458.505 Florida Statutes). The bill was signed by the Governor on June 29, 1979 and became law on July 1. Clause (9) of Section 458.505 makes it a criminal offense to perform or participate...

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