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FHAGEN v. MILLER

No. 69 Civ. 3218.

306 F.Supp. 634 (1969)

Michael FHAGEN, on behalf of himself and all others similarly situated, Plaintiff, v. Alan D. MILLER, M.D., as Commissioner of Mental Hygiene of the State of New York, and Alexander Thomas, M.D., as Director of the Psychiatric Division, Bellevue Hospital Center, Defendants.

United States District Court S. D. New York.

December 4, 1969.

Attorney(s) appearing for the Case

Bruce J. Ennis % New York Civil Liberties Union, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendant Miller; Samuel A. Hirshowitz, First Asst. Atty. Gen., Brenda Soloff, Asst. Atty. Gen., of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendant Thomas; Judith Gordon, Asst. Corp. Counsel, of counsel.

EDWARD WEINFELD, District Judge.

This action was commenced by plaintiff on behalf of himself and others similarly situated to declare sections 78 and 72 of the Mental Hygiene Law of the State of New York, McKinney's Consol. Laws, c. 27, which governs admission of alleged mentally ill persons to hospitals for immediate observation, to be violative of plaintiff's right to due process and the equal protection of the laws...

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