HAGERSTOWN REPRO. HEALTH SERV. v. FRITZ

[No. 80, September Term, 1982.]

295 Md. 268 (1983)

454 A.2d 846

HAGERSTOWN REPRODUCTIVE HEALTH SERVICES AND BONNY ANN FRITZ v. CHRIS ALLEN FRITZ

Court of Appeals of Maryland.

Motion for reconsideration filed February 2, 1983.

Denied February 4, 1983.


Attorney(s) appearing for the Case

Barbara Mello and Anne K. Pecora for appellants.

R. Martin Palmer, Jr., and George W. Liebmann for appellee.

Amicus curiae brief of State of Maryland, Department of Human Resources, Social Services Administration filed. Stephen H. Sachs, Attorney General, Ralph S. Tyler and Margaret E. Rawle, Assistant Attorneys General, on the brief.

Amicus curiae brief of Maryland National Abortion Rights Action League filed. Carla S. Rappaport on the brief.

Amici curiae brief of The National Organization for Women Legal Defense and Education Fund, Women's Law Project and the Center for Constitutional Rights filed. Martha Wyatt and Blumenthal, Downs & Merrill and Rhonda Copelon, Ellen Yaroshefsky, Judith Avner, Anne E. Simon, Marsha Levick and Susan Cary Nicholas on the brief.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.


ELDRIDGE, J., delivered the opinion of the Court. SMITH, COLE and DAVIDSON, JJ., dissent. SMITH, J., filed a dissenting opinion at page 273 infra, in which COLE and DAVIDSON, JJ., concur.

On September 15, 1982, Chris Allen Fritz filed in the Circuit Court for Washington County a "Petition To Preclude Termination Of Life Of Fetus." Named as defendants were Bonny Ann Fritz and Hagerstown Reproductive Health Services....

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