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SCHEINBERG v. SMITH

No. 79-6403-Civ-SMA.

550 F.Supp. 1112 (1982)

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

United States District Court, S.D. Florida, Miami Division.

November 4, 1982.

Attorney(s) appearing for the Case

Bruce Rogow, Fort Lauderdale, Fla., Nan D. Hunter, American Civil Liberties Union Foundation, New York City, Joel Lumer, Miami, Fla., Mary Ellen Shoemaker, Fort Lauderdale, Fla., for plaintiff.

Jim Smith, Atty. Gen. by Gerald B. Curington, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendants.

MEMORANDUM OPINION

ARONOVITZ, District Judge.

The Court is required to address again the difficult and controversial issue of the permissible degree of governmental regulation of a woman's fundamental right of privacy in the abortion decision. In June 1979, the Florida Legislature enacted the Medical Practice Act,1 which contains a section regulating abortions in Florida.

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