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BICKHAM v. LASHOF

No. 78-2559.

620 F.2d 1238 (1980)

Arnold BICKHAM, M.D., Plaintiff-Appellant, v. Joyce C. LASHOF, M.D., Individually and as Director of the State of Illinois Department of Public Health, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 1980.

Attorney(s) appearing for the Case

Sophia H. Hall, Chicago, Ill., for plaintiff-appellant.

John E. Dienner III, Asst. State's Atty., Joseph D. Keenan, Asst. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before SWYGERT, PELL and TONE, Circuit Judges.

SWYGERT, Circuit Judge.

The principal issue in this appeal is whether the doctrine of abstention was properly applied by the district court in dismissing a claim attacking on constitutional grounds the Illinois Ambulatory Surgical Treatment Center Act, which is directed to regulating facilities utilized to perform abortions. Plaintiff-appellant Arnold Bickham, a physician licensed to practice in Illinois and the owner of an abortion clinic, the Water Tower Reproductive...

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