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WOE v. CALIFANO

No. C-2-76-755.

460 F.Supp. 234 (1978)

Wanda WOE, Individually and on Behalf of all others similarly situated, Walter Thomas, M.D., Alfred B. Jefferson, M.D., Robert Hallet, M.D., and Leopoldo L. Enrile, M.D., and the Founder's Clinic, Inc., Plaintiffs, v. Joseph A. CALIFANO, Secretary, United States Department of Health, Education & Welfare, Defendant.

United States District Court, S. D. Ohio, E. D.

January 9, 1978.

Attorney(s) appearing for the Case

Stanley K. Laughlin, Jr., Louis A. Jacobs, Jerome E. Friedman, Columbus, Ohio, for plaintiffs.

Rebecca L. Ross, Dept. of Justice, Washington, D. C., for defendant.

OPINION AND ORDER

DUNCAN, District Judge.

When it made appropriations for the Department of Health, Education and Welfare for the fiscal year ending September 30, 1977, including appropriations to cover federal Medicaid reimbursements to the states, Congress added the "Hyde Amendment" as § 209 of the Appropriations Act, Pub.L. 94-439. The Hyde Amendment provides,

None of the funds contained in this Act shall be used to perform abortions except...

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