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LEIGH v. OLSON

Civ. No. A2-74-43.

385 F.Supp. 255 (1974)

Dr. Richard LEIGH, on behalf of himself and all other persons similarly situated, Plaintiff, v. Allen OLSON, Attorney General for the State of North Dakota, and Thomas B. Jelliff, State's Attorney for the County of Grand Forks, State of North Dakota, Defendants.

United States District Court, D. North Dakota, Northeastern Division.

November 26, 1974.

Attorney(s) appearing for the Case

C. Nicholas Vogel, Fargo, N. D., for plaintiff.

Paul M. Sand, First Asst. Atty. Gen., Gerald W. Vande Walle, Asst. Atty. Gen., Bismarck, N. D., for defendants.

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

This action comes before this Court upon a complaint challenging the constitutionality of the North Dakota abortion law; specifically, the following sections of the North Dakota Century Code.

"12-25-01. Procuring an abortion — Punishment. — Every person who administers to any pregnant woman, or who prescribes for any such woman, or who advises or procures any such woman to take...

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