PECKMANN v. THOMPSON

Nos. 90-3334, 90-3445.

966 F.2d 295 (1992)

Betty PECKMANN, Kim Perry, William Dick, and Kimberly Dick, all on their own behalf and on behalf of separate Plaintiff classes, Plaintiffs-Appellees, Cross-Appellants, v. Robert THOMPSON, in his official capacity as Director of the Illinois Department of Professional Regulation, Bernard Turnock, in his official capacity as Director of the Illinois Department of Public Health, Neil Hartigan, in his official capacity as Attorney General of the State of Illinois, and Thomas Difanis, Gregory Grigsby, Nancy Owen, Richard Goff, Richard Broch, Tony Lee, John Turner, Lawrence Fichter, Charles Reynard, John Robinson, Kevin Lyons, Roger Simpson, Eric Blanc, and John Huschen, all in their official capacity as State's Attorneys and on their own behalf and on behalf of all Defendant class State's Attorneys in Illinois, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 2, 1992.


Attorney(s) appearing for the Case

Edward Zukosky, argued, Wenona, Ill., William C. Zukosky, Urbana, Ill., George F. Taseff, argued, Jennings, Novick, Taseff, Smalley & Davis, Bloomington, Ill., for plaintiffs-appellees, cross-appellants and amicus curiae Marsden Wagner, International Ass'n of Parents and Professionals for Safe Alternatives in Childbirth.

Neil F. Hartigan, Atty. Gen., Chicago, Ill., Randy E. Blue, Asst. Atty. Gen., Criminal Appeals Div., Springfield, Ill., Jennifer A. Keller, Asst. Atty. Gen., argued, Civil Appeals Div., Chicago, Ill., Kenneth R. Boyle, Patrick Delfino, State's Atty. Appellate Prosecutor, Springfield, Ill., for defendants-appellants, cross-appellees.

David M. Smolin, Samford University, Cumberland Law School, Birmingham, Ala., Douglas H. Scofield, Birmingham, Ala., for amicus curiae Southern Center for Law and Ethics.

Before BAUER, Chief Judge, COFFEY, Circuit Judge, and WOOD, Jr., Senior Judge.


BAUER, Chief Judge.

On November 16, 1989, plaintiffs, a traditional midwife, an apprentice midwife, and a couple who seek to use the services of a midwife, brought suit individually and on behalf of the classes of persons similarly situated, against the Director of the Illinois Department of Professional Regulation, the Director of the Illinois Department of Public Health, the Attorney General of the State of Illinois (all...

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