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EMANUEL v. McGRIFF

1901334.

596 So.2d 578 (1992)

Betty EMANUEL, as Executrix of the Estate of James Wilson, Deceased v. James McGRIFF and Huntsville Hospital.

Supreme Court of Alabama.

Rehearing Denied April 10, 1992.

Attorney(s) appearing for the Case

Dinah P. Rhodes of Blankenship & Robinson, P.C., Huntsville, for appellant.

Raymond D. Waldrop, Jr. of Smith & Waldrop, Huntsville, for appellee.

SHORES, Justice.

In this appeal, we consider the constitutionality of the common law doctrine of necessaries. The appellant, Betty Emanuel, contends that the doctrine constitutes unconstitutional gender-based discrimination and violates the equal protection clause of the Fourteenth Amendment to the United States Constitution. While the appellees, Dr. James McGriff and Huntsville Hospital, acknowledge that the application of this doctrine only to men violates the constitution...

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