the request for temporary injunctive relief, to the three-judge court on November 21, 1974. The three-judge court composed of Honorable David T. Lewis, Chief Judge of the United States Court of Appeals for the Tenth Circuit, Honorable Willis W. Ritter, Chief Judge of the United States District Court for the District of Utah, and Honorable Aldon J. Anderson, Associate Judge of the United States District Court for the District of Utah, was duly convened on November 21, 1974, and the matter was presented. On November 22, 1974, pursuant to an order agreed upon by Chief Judge Lewis and Judge Anderson, with Chief Judge Ritter dissenting, a minute entry was entered denying preliminary injunctive relief, reserving for subsequent determination the other issues raised by the pleadings.

FACTS
Plaintiff Mary Roe isseventeen years of age. At the time this action was filed and at the time of the hearing she was in her first trimester of pregnancy. Preliminary injunctive relief was denied on the last day of her first trimester and she has now passed into the second trimester. She desires to have an abortion but has been advised by her physician that under the provisions of Utah Code Ann. § 76-7-304(2) (1974) he is obligated to notify her husband prior to performing an abortion upon her. Plaintiff is married but separated and estranged from her husband and a divorce is pending. Since the date of their initial separation plaintiff states she has had no sexual relationship of any kind with her husband. She claims the child she is