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PEOPLE v. ROSBURG

No. 89SA458.

805 P.2d 432 (1991)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jean ROSBURG and Barbara Parker, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

February 4, 1991.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Sherrie D. Vincent, James M. Humes, Asst. Attys. Gen., Regulatory Law Section, Denver, for plaintiff-appellee.

Derry Beach Adams, Sears & Associates, Colorado Springs, for defendant-appellant Jean Rosburg.

Edward A. Gleason, Brian G. Eberle, Colorado Springs, for defendant-appellant Barbara Parker.

Justice MULLARKEY delivered the Opinion of the Court.

This case involves an appeal of a trial court's order permanently enjoining appellants Jean Rosburg and Barbara Parker from practicing midwifery without a license as prohibited by sections 12-36-106(1)(f) and 12-36-106(2), 5 C.R.S. (1985).1 The midwives argued to the trial court that section 12-36-106(1)(f) unconstitutionally infringed the right of privacy of pregnant women to choose...

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