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BIRTH CONTROL CENTERS, INC. v. REIZEN

Nos. 81-1163, 81-1306.

743 F.2d 352 (1984)

BIRTH CONTROL CENTERS, INC.; East Gyn. Center, Inc.; Northland Family Planning Clinic, Inc.; Northland Family Planning Clinic West, Inc.; Leon A. Hockman, M.D.; Richard Goldfine, M.D.; Julio B. Acosta, M.D.; Enrique B. Gerby, M.D.; Youl Choi, M.D., Plaintiffs-Appellants, Cross-Appellees, v. Maurice S. REIZEN, M.D., Director, Michigan Department of Public Health, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 30, 1984.

Rehearing and Rehearing Denied October 24, 1984.

Attorney(s) appearing for the Case

Bette Huster, Detroit, Mich., Frank Susman, argued, Susman, Schermer, Rimmel & Parker, St. Louis, Mo., for plaintiffs-appellants, cross-appellees.

Frank J. Kelley, Atty. Gen. of Mich., Walter V. Kron, Asst. Atty. Gen., argued, Lansing, Mich., for defendant-appellee, cross-appellant.

Before MERRITT and WELLFORD, Circuit Judges, and HORTON, District Judge.

Rehearing and Rehearing En Banc Denied October 24, 1984.

HORTON, District Judge.

In 1978, the State of Michigan enacted a Public Health Code and implementing regulations, which together, provide a comprehensive legal framework regulating all freestanding surgical outpatient facilities (FSOF), including abortion clinics, in the State of Michigan. Plaintiffs, four clinics offering first trimester abortions and five physicians who regularly perform first trimester...

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