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WESTCHESTER WOMEN'S HEALTH ORGANIZATION v. WHALEN

No. 78 Civ. 5082 (HFW).

475 F.Supp. 734 (1979)

WESTCHESTER WOMEN'S HEALTH ORGANIZATION, INC., National Women's Health Organization, Inc., and Toni G. Novick, M.D., Plaintiffs, v. Robert P. WHALEN, M. D., et al., Defendants.

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

June 21, 1979.

Attorney(s) appearing for the Case

Roy Lucas, P. C., Washington, D. C., Greenfield & Koppelman, New York City, for plaintiffs; Roy Lucas, Washington, D. C., and Robert Koppelman, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for defendants; Kathleen Gill Miller, Asst. Atty. Gen., New York City, of counsel.

OPINION

WERKER, District Judge.

This action for injunctive and declaratory relief raises the issue of whether a New York statutory scheme regulating hospitals and other health service facilities can be constitutionally applied to an abortion facility which administers first trimester abortions. This matter is presently before the Court on the parties' cross-motions for summary judgment.1

BACKGROUND

A. The...

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