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ZBARAZ v. QUERN

Nos. 78-1669, 78-1709, 78-1787, 78-1890, 78-1891 and 78-2029.

596 F.2d 196 (1979)

David ZBARAZ et al., Plaintiffs-Appellees, v. Arthur F. QUERN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1979.

Attorney(s) appearing for the Case

William A. Wenzel, Ill. Asst. Atty. Gen., John D. Gorby, Americans United for Life Legal Defense Fund, Chicago, Ill., for defendant-appellant.

Robert W. Bennett, Chicago, Ill., Aviva Futoria, Robert E. Lehrer, Wendy Meltzer, James D. Weill, Legal Assistance Foundation of Chicago, Chicago, Ill., Lois Lipton, David Goldberger, Roger Baldin Foundation of ACLU, Inc., Chicago, Ill., for plaintiffs-appellees.

Before CUMMINGS, SPRECHER and BAUER, Circuit Judges.

CUMMINGS, Circuit Judge.

This class action was brought under the Civil Rights Act (42 U.S.C. § 1983) to enjoin enforcement of a 1977 Illinois statute withdrawing medical assistance funding in Illinois for all abortions except those "necessary for the preservation of the life of the [pregnant] woman."1 Plaintiffs do not object to the refusal to fund purely elective abortions, and challenge the limitation on funding only as to medically...

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