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STATE EX REL. BRUCE v. LARKIN

No. 72-C-388.

346 F.Supp. 1065 (1972)

STATE ex rel. Mary Carpenter BRUCE et al., Plaintiffs, v. Duane LARKIN, Defendant.

United States District Court, E. D. Wisconsin.

July 26, 1972.

Attorney(s) appearing for the Case

Borgelt, Powell, Peterson & Frauen, by Roger S. Bessey, Milwaukee, Wis., for plaintiffs.

Samson, Friebert, Sutton & Finerty, by Robert H. Friebert, Milwaukee, Wis., for defendant.

DECISION

MYRON L. GORDON, District Judge.

The plaintiffs commenced an action in the state court alleging that the defendant is performing abortions in open violation of section 940.04(1), (2), (3) and (4) of the Wisconsin statutes and that such conduct constitutes a public nuisance. The remedy sought in the state court complaint is abatement of the alleged public nuisance by injunction.

The action was removed to this court in accordance with 28 U...

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