Legal Opinion

McGarvey v. Magee-Womens Hospital

District Court, W.D. Pennsylvania

Decided March 17, 1972No. Civ. A. 71-196PublishedCited by 23 opinions

1Opinion of the Court

OPINION and ORDER

McCUNE, District Judge.

We are faced with two motions in this litigation which seek to enjoin a hospital from permitting the use of its facilities for the performance of abortions. The first is a motion that we dismiss the complaint for lack of jurisdiction because the action complained of was not carried out under color of state authority.

The second is for judgment on the pleadings alleging failure of the complaint to state a cause of action because unidentified embryos or fetuses are not persons or citizens within the meaning-of the Fourteenth Amendment or the so called…

2Cases cited11 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Keeler v. Superior CourtCalifornia Supreme Court · 1970
  3. United States v. VuitchSupreme Court of the United States · 1971
  4. Sinkler v. KnealeSupreme Court of Pennsylvania · 1960
  5. Babbitz v. McCannDistrict Court, E.D. Wisconsin · 1970

6 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. John Crumpton, IV v. Daryl Gates Tom Bradley Tom Reddin Ed Davis Herbert Boeckmann Maxwell E. Greenberg Barbara L. Schlei Robert TalcottCourt of Appeals for the Ninth Circuit · 1991
  3. Arnold v. Board Of Education Of Escambia CountyCourt of Appeals for the Eleventh Circuit · 1989
  4. Guyton v. PhillipsCourt of Appeals for the Ninth Circuit · 1979
  5. Blackburn v. Blue Mountain Women's ClinicMontana Supreme Court · 1997

18 more not listed; retrieve them via the Exa API.

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