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KENDALL v. TRUE

Civ. A. No. C 74-64 L(A).

391 F.Supp. 413 (1975)

Terry KENDALL, on behalf of herself and others similarly situated, Plaintiff, v. Laurel TRUE, Director, Dept. of Human Resources, Comm. of Kentucky Individually and in his official capacity et al., Defendants.

United States District Court, W. D. Kentucky, Louisville Division.

February 26, 1975.

Attorney(s) appearing for the Case

Curtis B. Stuckey, J. Reuben Rigel, Legal Aid So. of Louisville, Inc., Louisville, Ky., for plaintiff.

Hubert P. Griffin, Frankfort, Ky., for Laurel True.

Victor E. Tackett, Louisville, Ky., for Kendall.

Edwin A. Schroering, pro se.

J. Paul Keith, III, Asst. Commonwealth Atty., William L. Hoge, Louisville, Ky., for Judge Ryan.

Before LIVELY, Circuit Judge, and BRATCHER and ALLEN, District Judges.

MEMORANDUM OPINION

ALLEN, District Judge.

This action, attacking the constitutionality of two of Kentucky's Mental Health Statutes, K.R.S. 202.060 and 202.100, arises out of the following factual situation.

On February 7, 1974, defendant, Donald L. Kendall, filed a petition for the commitment of his wife, Terry Kendall. The petition states that it was filed pursuant to K.R.S. 202.040 or 202.135, and that Mrs. Kendall is of such a mental or emotional...

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