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ARNOLD v. SENDAK

No. IP 74-4-C.

416 F.Supp. 22 (1976)

Robert D. ARNOLD, M.D., et al., Plaintiffs, v. Theodore L. SENDAK, Attorney General of Indiana, et al., Defendants.

United States District Court, S. D. Indiana, Indianapolis Division.

June 15, 1976.

Attorney(s) appearing for the Case

Sigmund J. Beck, Edward W. Harris III, D. Robert Webster, Craig Eldon Pinkus, Ronald E. Elberger, Indianapolis, for plaintiffs.

Theodore L. Sendak, Atty. Gen., Darrel K. Diamond, Asst. Atty. Gen., Indianapolis, James F. Kelley, Pros. Atty., Marion County, Indianapolis, Barry S. Brown, Pros. Atty., Monroe County, Bloomington, for defendants.

Before SWYGERT, Circuit Judge and DILLIN and NOLAND, District Judges.

MEMORANDUM OF DECISION

PER CURIAM.

The plaintiffs, licensed physicians actively engaged in the practice of medicine in Marion and Monroe Counties, Indiana, have brought this action to declare part of the Indiana abortion statute, I.C. 1971, 35-1-58.5-2(a)(1), unconstitutional and to enjoin its enforcement. The challenged section of the statute provides:

"Abortion shall in all instances be a criminal act except when performed under the following...

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