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COE v. MELAHN

No. 90-1552.

958 F.2d 223 (1992)

Jane COE, Appellee, v. Lewis MELAHN, Director of the Department of Insurance; William L. Webster, Attorney General of the State of Missouri, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1992.

Attorney(s) appearing for the Case

Michael L. Boicourt, Jefferson City, Mo., argued, for appellants.

Frank Susman, St. Louis, Mo., argued, for appellee.

Before WOLLMAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and LOKEN, Circuit Judge.

WOLLMAN, Circuit Judge.

The district court struck down a Missouri statute regulating insurance coverage for elective abortions. The State of Missouri appeals, and we reverse and remand for further proceedings.

I.

In 1983, the Missouri legislature enacted a statute requiring that no health insurance policy issued in the state cover elective abortions unless that coverage was provided via an optional rider, and with a separate premium. Mo.Rev.Stat...

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