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FRENCH v. BLACKBURN

No. C-76-52-WS.

428 F.Supp. 1351 (1977)

Roy Kirk FRENCH, III, on behalf of himself and all other persons similarly situated, Plaintiff, v. The Honorable A. Eugene BLACKBURN, Clerk of Court of the Twenty-First Judicial District of the State of North Carolina, as representative of a class of defendants similarly situated, Defendant.

United States District Court, M. D. North Carolina, Winston-Salem Division.

March 31, 1977.

Attorney(s) appearing for the Case

Legal Aid Society of Forsyth County, Winston-Salem, N. C., by Bertram Ervin Brown, II, Winston-Salem, N. C. (Gerald C. Kell, Winston-Salem, N. C., on brief, for plaintiff.

Isaac T. Avery, III, Associate Atty. Gen., N. C. Dept. of Justice, Raleigh, N. C., for defendant.

North Carolina Civil Liberties Union Legal Foundation, Inc. by Norman B. Smith, Greensboro, N. C., and Barry Nakell, Chapel Hill, N. C., as amicus curiae.

Before CRAVEN, Circuit Judge, GORDON, Chief District Judge, and WARD, District Judge.

OPINION OF THE COURT

HIRAM H. WARD, District Judge.

This is an action for declaratory and injunctive relief to declare unconstitutional and to permanently enjoin the enforcement of the North Carolina involuntary commitment procedure set forth in Article 5A of Chapter 122 of the North Carolina General Statutes. Since the complaint draws into question the constitutionality of a state statute, a three-judge court was convened pursuant to 28 U.S.C. §§...

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