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HENRIE v. DERRYBERRY

Civ. A. No. 70-C-211.

358 F.Supp. 719 (1973)

Florence HENRIE et al., Plaintiffs, and Dr. Sarah G. Allison, Ph.D., et al., Intervenors, v. The Honorable Larry DERRYBERRY, Attorney General of the State of Oklahoma, et al., Defendants.

United States District Court, N. D. Oklahoma.

April 2, 1973.

Attorney(s) appearing for the Case

Pat Malloy, A. F. Ringold and Gene Mortenson, Tulsa, Okl., for plaintiffs and intervening plaintiffs.

Gary M. Bush, Asst. Atty. Gen. (Larry Derryberry, Atty. Gen. of Oklahoma, and Paul C. Duncan, Asst. Atty. Gen., with him on the briefs), for defendant Larry Derryberry.

Andrew B. Allen, Asst. Dist. Atty. for District 14, Tulsa, Okl. (S. M. Fallis, Jr., Dist. Atty. for District 14, Tulsa, Okl., with him on the brief), for defendant S. M. Fallis, Jr.

Ronald Stockwell, for defendant Frank Grayson, formerly District Attorney for District 13.

Sam Harris, Asst. Dist. Atty., in the County of Delaware, District 13, filed a supplemental brief.

Before HOLLOWAY, Circuit Judge, BARROW, Chief District Judge, and EUBANKS, District Judge.

HOLLOWAY, Circuit Judge.

MEMORANDUM OPINION AND ORDER

This suit challenges the constitutionality of the Oklahoma criminal abortion statutes and related laws. We have withheld our decision pending the Supreme Court opinions in Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 and Doe v. Bolton, 410 U.S. 179, 93 S.Ct. 739, 35 L.Ed.2d 201, decided on January 22, 1973.

Under these...

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