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FLOYD v. ANDERS

Civ. A. No. 75-1481.

440 F.Supp. 535 (1977)

Jessie J. FLOYD, M.D., Plaintiff, v. James C. ANDERS, Solicitor of Richland County, Defendant.

United States District Court, D. South Carolina, Columbia Division.

November 4, 1977.

Attorney(s) appearing for the Case

Roy Lucas, Washington, D. C., and George C. Kosko, Columbia, S. C., counsel for plaintiff.

Daniel R. McLeod, Atty. Gen., C. Tolbert Goolsby, Jr., Deputy Atty. Gen., John L. Choate, Kenneth P. Woodington, Asst. Attys. Gen., and Kenneth L. Childs, Staff Atty., Columbia, S. C., counsel for defendant.

Before HAYNSWORTH, Chief Circuit Judge, RUSSELL, Circuit Judge, and CHAPMAN, District Judge.

HAYNSWORTH, Chief Circuit Judge:

In this action, a physician specializing in abortions sought to enjoin his prosecution in a state court on charges of committing an illegal abortion and of murder.

At the time the complaint was filed, the state prosecutor was actively seeking indictments arising out of the death of a male child twenty days after its delivery as a result of an abortion. The grand jury voted to return an indictment for murder and an indictment...

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