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SPARKMAN v. McFARLIN

No. 76-1706.

601 F.2d 261 (1979)

Linda Kay SPARKMAN and Leo Sparkman, Plaintiffs-Appellants, v. Ora E. McFARLIN, Warren G. Sunday, Harold D. Stump, Individually and as Judge of the Circuit Court of DeKalb County, Indiana, John H. Hines, M.D., John C. Harvey, M.D., Harry M. Covell, M.D., and DeKalb Memorial Hospital, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 2, 1979.

Attorney(s) appearing for the Case

Richard H. Finley, Kendallville, Ind., Marjorie Press Lindblom, Kirkland & Ellis, Chicago, Ill., for plaintiffs-appellants.

Carl J. Suedhoff, Jr., George E. Fruechtenicht, J. A. Bruggeman, and William F. McNagny, Fort Wayne, Ind., for defendants-appellees.

Before FAIRCHILD, Chief Judge, and SWYGERT, CUMMINGS, PELL, SPRECHER, TONE, BAUER and WOOD, Circuit Judges.

PER CURIAM.

Linda Kay Sparkman brought this damage action pursuant to 42 U.S.C. § 1983 alleging that the defendants acted "in concert" to deprive her of her constitutional rights by sterilizing her without her knowledge or consent. Named as defendants were her mother, the mother's attorney who drafted the petition to sterilize, the state court judge who approved the petition to have a tubal ligation performed, the three doctors who performed or assisted in the...

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