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HODGSON v. BD. OF COUNTY COM'RS, COUNTY OF HENNEPIN

No. 79-1665.

614 F.2d 601 (1980)

Jane E. HODGSON, M. D.; Midwest Health Center for Women, Inc.; Paula Poe; Sandra Lackey; and all others similarly situated, Appellees, v. BOARD OF COUNTY COMMISSIONERS, COUNTY OF HENNEPIN; John E. Derus, Chairman; Jeff Spartz; Thomas E. Ticen; Richard E. Kremer; E. F. Robb, Jr.; Sam S. Sivanich; Nancy Olkon; Robert Randle, Director, Medical Assistance Program, Department of Public Health; Thomas Jolicoeur, Supervisor, Medical Advisory Unit; Edward J. Dirkswager, Jr., Commissioner, Department of Public Welfare; Department of Public Welfare of the State of Minnesota, Appellants. Carolyn COE, Individually and on behalf of all others similarly situated and Mark Tanz, M. D., Individually and on behalf of all others similarly situated, Appellees, v. Edward J. DIRKSWAGER, Jr., Individually and in his capacity as Commissioner, Minnesota Department of Public Welfare and State of Minnesota, Department of Public Welfare; Howard Kelly, Individually and in his capacity as Division Director, Hennepin County Department of Economic Assistance, Adult Medical Division, Individually and on behalf of all other Directors of County Department of Economic Assistance, Adult Medical Division for all other counties in the State of Minnesota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 9, 1980.

Rehearing Denied February 8, 1980.

Attorney(s) appearing for the Case

William P. Marshall, Sp. Asst. Atty. Gen., St. Paul, Minn., for appellants; Warren R. Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., St. Paul, Minn., Thomas L. Johnson, Hennepin County Atty., and Charles F. Sweetland, Asst. County Atty., Minneapolis, Minn., on the brief.

Lynn I. Miller, Washington, D. C., for appellees; Roy Lucas, Washington, D. C., Marc G. Kurzman, Kurzman & Manahan, Maynard E. Pirsig, Gary B. Crawford, Midwest Health Center for Women, Sidney S. Feinberg, Minneapolis, Minn., on the brief.

Before ROSS and STEPHENSON, Circuit Judges, and McMANUS, Chief Judge.

STEPHENSON, Circuit Judge.

At issue is the validity of a Minnesota welfare statute, Minn.Stat.Ann. § 256B.02, subd. 8(13) (West Supp.1978), which provides medical payment reimbursements for only those abortions necessary to prevent the pregnant woman's death or to terminate pregnancy resulting from rape or incest.1 On plaintiffs' motion for summary judgment the district court2 held that this restriction...

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