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BAIRD v. DEPARTMENT OF PUBLIC HEALTH, ETC.

No. 78-1532.

599 F.2d 1098 (1979)

William BAIRD et al., Plaintiffs, Appellees, v. DEPARTMENT OF PUBLIC HEALTH OF the COMMONWEALTH OF MASSACHUSETTS, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 19, 1979.

Attorney(s) appearing for the Case

Thomas Miller, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for defendants, appellants.

Roy Lucas, Washington, D. C., with whom Calvin Steinmetz, Washington, D. C., and Joan C. Schmidt, Boston, Mass., were on brief, for plaintiffs, appellees.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This is an appeal by the Massachusetts Department of Public Health (DPH) from a judgment declaring unconstitutional, and enjoining enforcement of, the Massachusetts clinic licensure law, Mass.Gen.L. ch. 111, §§ 50-57C, and the Massachusetts Rules and Regulations for the Licensure of Clinics, 13 C.M.R. Pt. 9 at 985 (1964) (herein referred to collectively as the "clinic licensure provisions"), insofar as they apply to the...

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