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LIVINGSTON v. N.J. STATE BD. OF MED. EXAMINERS

168 N.J. Super. 259 (1979)

402 A.2d 967

ROBERT M. LIVINGSTON, M.D., AND METROPOLITAN MEDICAL ASSOCIATES, P.A., APPELLANTS, v. NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1979.

Attorney(s) appearing for the Case

Ms. Nadine Taub, Women's Rights Litigation Clinic, argued the cause for appellants (Messrs. Kleeman and Hirsch, attorneys; Ms. Taub, on the brief).

Ms. Joan D. Gelber, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Skillman and Ms. Gelber on the brief).

Before Judges LORA, MICHELS and LARNER.

The opinion of the court was delivered by LORA, P.J.A.D.

Robert M. Livingston, a licensed obstetrician-gynecologist, and Metropolitan Medical Associates, Inc., (MMA) an outpatient clinic directed by him and now licensed to perform abortions in this State, challenge the validity of the recently enacted "Termination of Pregnancy Rule," N.J.A.C. 13:35-7.2, on procedural and federal constitutional grounds. The rule, which purports to regulate the performance of...

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