SAINT JOSEPH'S HOSP. v. WOMEN'S PAVILION

No. 4-682A131.

451 N.E.2d 1126 (1983)

SAINT JOSEPH'S HOSPITAL OF SOUTH BEND, Inc., Appellant (Plaintiff below), v. WOMEN's PAVILION of South Bend, Indiana, Inc., Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

August 4, 1983.


Attorney(s) appearing for the Case

Robert W. Mysliwiec, Jones, Obenchain, Johnson, Ford, Pankow & Lewis, South Bend, for appellant.

Sanford M. Brook, Amaral & Brook, South Bend, for appellee.


YOUNG, Judge.

Plaintiff-appellant St. Joseph's Hospital, (hereinafter the Hospital), appeals the modification of a permanent injunction restricting defendant-appellee Women's Pavilion, (hereinafter Pavilion), in performing first-trimester abortions.

The Hospital, a health care provider operating under the auspices of the Roman Catholic Church, originally sued Pavilion for operating a private nuisance. The gist of the Hospital's nuisance claim was that it and...

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