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PILGRIM MED. GR. v. N.J.S. BD. OF MED. E.

Civ. A. No. 84-5178.

613 F.Supp. 837 (1985)

The PILGRIM MEDICAL GROUP, a New Jersey Corporation, Plaintiff, v. NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS and Irwin Kimmelman, Attorney General of the State of New Jersey, Defendants.

United States District Court, D. New Jersey.

July 10, 1985.

Attorney(s) appearing for the Case

Horowitz, Bross, Sinins & Imperial by Keith Bonchi, Newark, N.J., for plaintiff.

Irwin I. Kimmelman, Atty. Gen. of N.J. by Joan D. Gelber, Deputy Atty. Gen., Newark, N.J., for defendants.

OPINION

SAROKIN, District Judge.

INTRODUCTION

At issue in this case is a state regulation which prohibits certain abortions in clinics when the same abortions are permitted in hospitals. While recognizing the need to regulate abortions in order to safeguard the health of the patient, the courts must be alert to prevent encroachments upon the constitutional rights of those seeking and entitled to abortions. Requiring that certain abortions be performed...

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