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STATE OF N.Y. v. SCHWEIKER

Nos. 83 Civ. 0726 (HFW), 83 Civ. 0727 (HFW).

557 F.Supp. 354 (1983)

The STATE OF NEW YORK and The New York State Department of Health, Plaintiffs, v. Richard S. SCHWEIKER, Secretary of the U.S. Department of Health and Human Services, Defendant. MEDICAL AND HEALTH RESEARCH ASSOCIATION OF NEW YORK CITY, INC., Individually and on Behalf of its service divisions MATERNITY, INFANT CARE-FAMILY PLANNING PROJECTS and Project For Rockaway's Youth in Medical Essentials, and all others similarly situated; Dr. Donna O'Hare, and Dr. Harvey Simon, Individually and on behalf of all others similarly situated, Plaintiffs, v. Richard SCHWEIKER, or his successor, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, S.D. New York.

February 14, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen., State of N.Y. by Deborah S. Bachrach, Alan D. Aviles, Lawrence S. Kahn, New York City, for The State and NYSDH.

Rhonda Copelon, Center for Constitutional Rights by Sarah Wunsch, Nan D. Hunter, American Civil Liberties Union by Suzanne Lynn and Janet Benshoof, New York Civil Liberties Union, by Steven R. Shapiro, New York City, for class action plaintiffs.

John S. Martin, Jr., U.S. Atty., S.D.N.Y. by Susan Millington Campbell, New York City, for The Secretary.

OPINION

WERKER, District Judge.

These actions challenge the legality of regulations recently issued by the Secretary ("Secretary") of the Department of Health and Human Services ("HHS") that (1) require family planning services that receive federal funds pursuant to Title X of the Public Health Service Act, 42 U.S.C. §§ 300-300a-6a, to notify the parent or guardian of an unemancipated minor that prescription...

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