The U.S. Supreme Court refused without comment yesterday to hear the appeal of a Hagerstown man who tried to prevent his wife from having an abortion.

Chris Allen Fritz, 22, first obtained an emergency injunction from a circuit court judge in Hagerstown last September, blocking his wife's planned abortion minutes before it was scheduled to occur.

His wife, Bonny Ann Fritz, 20, from whom he was separated at the time, took the case to the Maryland Court of Special Appeals, which restored her right to have the 10-week-old fetus aborted.

Chris Fritz appealed to the state's highest court, the Maryland Court of Appeals, which ruled in January that the case was moot because Bonny Ann Fritz had already obtained an abortion.

Chris Fritz's Supreme Court appeal contended that the issue was not moot because the couple had reconciled and his wife might become pregnant again.

Barbara Mello, the American Civil Liberties Union attorney who represented Bonny Fritz, said yesterday she was not surprised that the Supreme Court refused to hear the case. She said the matter had been decided seven years ago, when the Supreme Court ruled that states cannot give husbands veto power over their wives decisions to abort their pregnancies.

"This ought to be the end of the line," she said. She said the couple is still living together and that Bonny Fritz is not pregnant.