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RODOS v. MICHAELSON

Civ. A. No. 750167.

396 F.Supp. 768 (1975)

Dr. J. Jerry RODOS et al. v. Julius C. MICHAELSON, in his official capacity as Attorney General of the State of Rhode Island.

United States District Court, D. Rhode Island.

June 10, 1975.

Attorney(s) appearing for the Case

Milton Stanzler and Richard A. Boren of Abedon, Stanzler, Biener, Skolnik & Lipsey, Bruce M. Selya, Providence, R. I., for plaintiffs.

Julius C. Michaelson, Atty. Gen., for Rhode Island, Providence, R. I., for defendant.

OPINION

PETTINE, Chief Judge.

Plaintiffs, nineteen doctors and two women seeking abortions, bring this action for declaratory and injunctive relief against the Attorney General of the State of Rhode Island to challenge § 11-23-5 of the Rhode Island General Laws, which was enacted on or about May 21, 1975 to take effect upon passage. Section 11-23-5 provides:

"11-23-5. Willful killing of unborn child. The willful killing of an unborn quick child...

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