The two actions had been consolidated and heard collectively by a duly convened three-judge district court docket. The fits thus offered the situations of the pregnant single girl, the childless couple, with the wife not pregnant, and the licensed practicing physician, all joining in the assault on the Texas criminal abortion statutes. Upon the submitting of affidavits, motions had been made for dismissal and for abstract judgment. It concluded that, with respect to the requests for a declaratory judgment, abstention was not warranted. The courtroom then held that abstention was warranted with respect to the requests for an injunction.

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