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PADIN v. FORDHAM HOSPITAL

No. 73 Civ. 178.

392 F.Supp. 447 (1975)

Nery PADIN, Plaintiff, v. FORDHAM HOSPITAL et al., Defendants.

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

January 14, 1975.

Attorney(s) appearing for the Case

New York Civil Liberties Union, Levy, Gutman, Goldberg & Kaplan, New York City by Jeremiah S. Gutman, New York City, of counsel, for plaintiff.

Adrian P. Burke, Corp. Counsel, by Jack Cherrill, Mark S. Silberglitt, New York City, of counsel, for defendants.

OPINION and ORDER

KEVIN THOMAS DUFFY, District Judge.

Defendants have moved to dismiss the complaint herein on the ground that it does not state a cause of action upon which relief may be granted. Fed.R. Civ.P. 12(b)(6).

The operative facts are relatively simple. Plaintiff is a married woman with seven children. In May of 1972, in order to have the Caesarean birth of her seventh child, she entered Fordham Hospital, which is a public hospital funded...

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