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RUD v. DAHL

No. 77-2052.

578 F.2d 674 (1978)

George A. RUD, by Lawrence R. Smith, his next friend, on behalf of himself, and all others similarly situated, Plaintiff-Appellant, v. Walter P. DAHL, Presiding Judge of the Probate Division of the Circuit Court of Cook County, Anthony J. Kogut, Judge of the Probate Division of the Circuit Court of Cook County, Morgan M. Finley, Clerk, Circuit Court of Cook County and Anthony G. Girolami, Associate Clerk, Probate Division, Circuit Court of Cook County, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 1978.

Rehearing Denied August 25, 1978.

Attorney(s) appearing for the Case

Robert S. Berger, Legal Assistance Foundation of Chicago, Chicago, Ill., for plaintiff-appellant.

John A. Dienner, III, Asst. State's Atty., Chicago, Ill., for defendants-appellees.

Before TONE and BAUER, Circuit Judges, and CAMPBELL, Senior District Judge.

Rehearing and Rehearing En Banc Denied August 25, 1978.

PER CURIAM.

This is a suit brought under 42 U.S.C. § 1983, in which plaintiff Rud attacks the facial constitutionality of the Illinois statutory scheme under which he was adjudicated incompetent and a conservator appointed to manage his person and estate. Ill.Rev.Stat. ch. 3, §§ 11-2, et seq. Rud contends that the statutory scheme violates the due process clause of the Fourteenth Amendment...

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