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COLYAR v. THIRD JUDICIAL DIST. COURT, ETC.

No. C 77-0314.

469 F.Supp. 424 (1979)

James COLYAR, Individually and on behalf of all others similarly situated, Plaintiffs, v. The THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY, Defendant.

United States District Court, D. Utah, C. D.

February 16, 1979.

Attorney(s) appearing for the Case

Lucy Billings, Utah Legal Services, Inc., Salt Lake City, Utah, for plaintiffs.

Robert B. Hansen, Atty. Gen., Paul M. Tinker, Asst. Atty. Gen., Salt Lake City, Utah, for defendant.

Kathryn Collard, Salt Lake City, Utah, for amicus curiae American Civil Liberties Union.

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

ALDON J. ANDERSON, Chief Judge.

This lawsuit calls into question the Utah statute that provides for civil commitment of the mentally ill. In pertinent part, Utah Code Annotated § 64-7-36(6) (1953) provides that an individual may be involuntarily committed to treatment in a mental hospital or mental health facility by a proper district court of the State of Utah upon a finding by the court...

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