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BRITELL v. U.S.

No. CIV. 99-11253-NG.

150 F.Supp.2d 211 (2001)

Maureen M. BRITELL, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Massachusetts.

May 16, 2001.

Attorney(s) appearing for the Case

John H. Henn, Foley, Hoag & Eliot, Boston, MA, for Maureen M. Britell, Andrew P. Britell, Plaintiffs.

Neil H. Koslowe, U.S. Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, for USA, Defendants.

MEMORANDUM AND ORDER RE: SUMMARY JUDGMENT

GERTNER, District Judge.

In the first few weeks of 1994, Maureen M. Britell ("Britell") and her husband eagerly anticipated the birth of their second child. Then, to their horror, one of Britell's doctors discovered that the fetus was anencephalic: It had no forebrain or cranium and could not survive outside the womb. Britell's doctors advised abortion, and her parish priest agreed. She aborted the fetus in...

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