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KLEIN v. NASSAU COUNTY MEDICAL CENTER

No. 72-C-386.

347 F.Supp. 496 (1972)

Elizabeth Linda KLEIN, "Jane Doe", and "Jane Roe", on behalf of themselves and all other similarly situated women who receive Medicaid from The State of New York, County of Suffolk and/or County of Nassau in The State of New York, which Class of persons are very numerous, the exact number of which cannot be ascertained, Plaintiffs, v. NASSAU COUNTY MEDICAL CENTER, et al., Defendants, and Ada Biffar Ryan, as guardian ad litem, Intervenor.

United States District Court, E. D. New York.

August 24, 1972.

Attorney(s) appearing for the Case

Jerome Seidel, Brooklyn, N. Y., Rhonda Copelon Schoenbrod, and Robert Borsody, New York City (Janice Goodman, and Nancy Stearns, New York City, of counsel), for plaintiffs.

Natale Tedone, Mineola, N. Y. (Joseph Jaspan, County Atty., Nassau County, Louis Schultz, and M. Arthur Eiberson, Mineola, N. Y., of counsel), for defendants other than Commissioner Wyman and The State Dept. of Social Services.

Joel Lewittes, New York City (Louis J. Lefkowitz, Atty. Gen., Samuel Hirshowitz, and Stephen P. Seligman, New York City, of counsel), for the Comm'r of Social Services and The Dept. of Social Services of the State of N. Y.

Thomas J. Ford, Brooklyn, N. Y. (Hahn, Hahn & Ford, Brooklyn, N. Y., and A. Lawrence Washburn, New York City, of counsel), for Ada Biffar Ryan, guardian ad litem for interests of unborn children.

Before LUMBARD, Circuit Judge, and DOOLING and NEAHER, District Judges.

DECISION and ORDER

PER CURIAM:

The action challenges on constitutional and Federal statutory grounds the validity of an Administrative Letter of the New York State Commissioner of Social Services, dated April 8, 1971, ruling that "elective abortions not medically indicated" —alternatively called "Elective Induced Abortions"—are not under the policy embodied in the New York Social Services Law, McKinney's Consol.Laws c. 55 (§ 365-a, subd...

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