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FHAGEN v. MILLER

No. 69 Civ. 3218.

312 F.Supp. 323 (1970)

Michael FHAGEN, on behalf of himself and all other persons 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.

April 20, 1970.

Attorney(s) appearing for the Case

Bruce J. Ennis, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen. 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.

Before KAUFMAN, Circuit Judge, and WEINFELD and PALMIERI, District Judges.

OPINION

EDWARD WEINFELD, District Judge.

This three-judge court was convened to consider plaintiff's challenge to the constitutionality of section 72 (two-physician admission) and section 78 (emergency admission) of the New York Mental Hygiene Law. The challenged sections, part of a sweeping change in the then-existing Mental Hygiene Law, were enacted after extensive investigation and exhaustive study and research by the members of the legal and medical...

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