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SCHEINBERG v. SMITH

No. 80-5023.

659 F.2d 476 (1981)

Mark N. SCHEINBERG, M.D., on his behalf and on behalf of all others similarly situated, Plaintiff-Appellee, v. James C. SMITH, Attorney General of Florida and Michael J. Satz, State Attorney, Seventeenth Judicial Circuit, Florida, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied December 30, 1981.

Attorney(s) appearing for the Case

Gerald B. Curington, Asst. Atty. Gen., Dept. of Legal Affairs, Civ. Div., Tallahassee, Fla., for defendants-appellants.

Bruce S. Rogow, Fort Lauderdale, Fla., for plaintiff-appellee.

Before TJOFLAT, HATCHETT and THOMAS A. CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 30, 1981.

TJOFLAT, Circuit Judge:

This is an appeal of a district court determination that certain of Florida's statutory provisions, Fla.Stat.Ann. § 390.001(4)(a) & (b) (West 1981) (previously codified as part of the Medical Practice Act, see Fla.Stat.Ann. § 458.001 et seq. (West 1977)), unconstitutionally burden a woman's fundamental right of privacy in the abortion decision. We...

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