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SIGMA REPRO HEALTH CEN. v. STATE

[No. 18 (Adv.), September Term, 1983.]

297 Md. 660 (1983)

467 A.2d 483

SIGMA REPRODUCTIVE HEALTH CENTER v. STATE OF MARYLAND ET AL.

Court of Appeals of Maryland.

Decided November 22, 1983.

Attorney(s) appearing for the Case

Alison D. Kohler, with whom were G. Stewart Webb, Jr., Venable, Baetjer & Howard, Arthur B. Spitzer and Elizabeth Symonds on the brief, for appellant.

Daniel J. Hurson, with whom were Hundley & Cacheris, P.C. on the brief for appellee Debra Braun. No brief filed on behalf of appellee State of Maryland.

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

SMITH, J., delivered the opinion of the Court.

We shall be obliged to dismiss this appeal because it is not from a final judgment. However, we shall give reasons for our view that the defense of necessity is not available to a trespasser at an abortion clinic.

I

Appellant Sigma Reproductive Health Center is an unincorporated subsidiary of SIGMA Centers of America, Inc. The former operates a family planning and reproductive health clinic in Montgomery...

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