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VECCHIONE v. WOHLGEMUTH

Civ. A. No. 73-162.

377 F.Supp. 1361 (1974)

Elvira VECCHIONE v. Helene WOHLGEMUTH, Secretary, Department of Public Welfare, Commonwealth of Pennsylvania, et al.

United States District Court, E. D. Pennsylvania.

July 11, 1974.

Attorney(s) appearing for the Case

Joel N. Brewer, Community Legal Services, Inc., Philadelphia, Pa., for plaintiff.

Marx S. Leopold, Gen. Counsel, Dept. of Public Welfare, Harrisburg, Pa., Cecil Maidman, Asst. Atty. Gen., Philadelphia, Pa., for defendants.

Before HUNTER, Circuit Judge, and TROUTMAN and BECKER, District Judges.

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

I. Preliminary Statement

This is a civil rights case, arising under 42 U.S.C. § 1983. It deals with the right of patients confined in state mental hospitals in Pennsylvania to control and manage their own property as against: (1) the right of the Commonwealth to summarily seize and control it for the duration of the hospitalization, without prior notice or hearing on the issue of the...

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