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HOOLICK v. RETREAT STATE HOSP., ET AL.

No. 1298 C.D. 1975.

24 Pa.Commw. 218 (1976)

Mary Hoolick, a Retarded Citizen, by her Parent and Legal Guardian, John Hoolick, et al., Plaintiffs v. Retreat State Hospital, Department of Public Welfare, Frank Beal, Secretary, Department of Public Welfare, George Giddins, Acting Superintendent, Retreat State Hospital, Commonwealth of Pennsylvania and Milton J. Shapp, Governor, Commonwealth of Pennsylvania, Defendants.

Commonwealth Court of Pennsylvania.

April 1, 1976.

Attorney(s) appearing for the Case

Richard Kirschner, with him Neal Goldstein, Miriam L. Gafni, and Markowitz & Kirschner, for plaintiffs.

Allen C. Warshaw, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendants.

Argued February 2, 1976, before President Judge BOWMAN and Judges KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge CRUMLISH, JR., did not participate.

OPINION BY PRESIDENT JUDGE BOWMAN, April 1, 1976:

Plaintiff, a patient at Retreat State Hospital, acting through her legal guardian and on behalf of other present and future patients of the hospital, has brought a multicount complaint in equity against the Governor and other State officials seeking (a) to enjoin them from implementing an alleged closing of this institution and mandating its continued operation, (b) the award of punitive and exemplary damages, and...

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