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HEDD SURGI-CENTER, INC. v. TURNOCK

No. 88 C 10805.

711 F.Supp. 439 (1989)

HEDD SURGI-CENTER, INC., an Illinois corporation, and Esther Pimental, M.D., individually and as Medical Director of the Hedd Surgi-Center, Inc., Plaintiffs, v. Bernard J. TURNOCK, M.D., Director of the Illinois Department of Public Health, Defendant.

United States District Court, N.D. Illinois, E.D.

April 13, 1989.

Attorney(s) appearing for the Case

Michael M. Lorge, Brendi E. Kaplan, Chicago, Ill., for Hedd Surgi-Center, Inc.

Douglas Drenk, Wheaton, Ill., for Dr. Pimental.

Neil F. Hartigan, Atty. Gen. of Illinois by Kathleen Kreisel Flahaven, Asst. Atty. Gen., General Law Div., Chicago, Ill., for defendant.

Alan S. Gilbert, Lorie A. Chaiten, Sonnenschein Carlin Nath & Rosenthal, Colleen K. Connell, Roger Baldwin Foundation of ACLU, Chicago, Ill., as amicus curiae.

MEMORANDUM OPINION AND ORDER

NORDBERG, District Judge.

I. INTRODUCTION

The plaintiffs—Hedd Surgi—Center, Inc. (Hedd) and Dr. Esther Pimental, Medical Director of Hedd—have brought this action against the defendant, Bernard M. Turnock, Director of the Illinois Department of Public Health, seeking a preliminary injunction enjoining the defendant from enforcing the Ambulatory Surgical Treatment Center Act of Illinois, Ill.Ann...

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