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JAFFE v. SHARP

Civ. A. Nos. 78-1637-C, 78-1653-C.

463 F.Supp. 222 (1978)

Don R. JAFFE, M.D., et al., Plaintiffs, v. Alexander E. SHARP, II, Defendant. PRETERM, INC., et al., Plaintiffs, v. Michael S. DUKAKIS et al., Defendants.

United States District Court, D. Massachusetts.

July 28, 1978.

Attorney(s) appearing for the Case

Joseph J. Balliro, Joan C. Schmidt, Boston, Mass., for plaintiffs in No. 78-1637.

Joseph J. Hurley, Nutter, McClennen & Fish, Boston, Mass., S. Stephen Rosenfeld, Asst. Atty. Gen., Chief, Gov. Bureau, Boston, Mass., for defendants.

Silverglate, Shapiro & Gertner, Nancy Gertner, John Reinstein, Mass. Civil Liberties Union Foundation, Boston, Mass., for plaintiffs in No. 78-1653.

OPINION

CAFFREY, Chief Judge.

These civil actions brought under 42 U.S. C.A. § 1983 challenge the refusal of the Commonwealth of Massachusetts to fund abortions for Medicaid recipients except when necessary to prevent the death of the mother or in cases of forced rape or incest. Both declaratory and injunctive relief is sought. The matter is currently before the Court after a hearing on plaintiffs' motions for preliminary injunctions under Fed.R. Civ...

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