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PRETERM, INC. v. DUKAKIS

Nos. 78-1324 to 78-1326.

591 F.2d 121 (1979)

PRETERM, INC., et al., Plaintiffs, Appellants, v. Michael S. DUKAKIS et al., Defendants, Appellees. PARENTS' AID SOCIETY, INC., et al., Plaintiffs, Appellants, v. Alexander E. SHARP II, Defendant, Appellant. PARENTS' AID SOCIETY, INC., et al., Plaintiffs, Appellants, v. Alexander E. SHARP II, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 15, 1979.

Attorney(s) appearing for the Case

Nancy Gertner, Boston, Mass., with whom Silverglate, Shapiro & Gertner, Barbara Sard, Roxbury, and John Reinstein, Boston, Mass., were on brief, for Preterm, Inc., et al.

S. Stephen Rosenfeld, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Garrick F. Cole, Asst. Atty. Gen., Boston, Mass., were on brief, for Sharp, et al.

Joseph J. Balliro, Boston, Mass., with whom Joan C. Schmidt, Boston, Mass., was on brief, for Parents' Aid Society, Inc., et al.

Joseph J. Hurley and Nutter, McClennen & Fish, Boston, Mass., on brief, for William A. Lynch, M.D., et al., amici curiae.

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

COFFIN, Chief Judge.

In this case we are called upon to assess the validity, in terms of compliance with the federal Medicaid Act, of Chapter 367, § 2, Item 4402-5000 of the Massachusetts Acts of 1978. Chapter 367 is an appropriations provision, limiting the expenditure of state funds for abortions to those abortions "which are necessary to prevent the death of the mother" and to those procedures "necessary for the proper treatment of the

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