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BELL ET AL. v. THORNBURGH ET AL.

No. 771 C.D. 1980.

54 Pa.Commw. 628 (1980)

Joe Bell, by his Guardian and Father, Timothy Bell et al., Petitioners v. Honorable Richard Thornburgh, Governor of the Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

November 21, 1980.

Attorney(s) appearing for the Case

Richard Kirschner, with him Jonathan Walters and Theodore M. Lieverman, Kirschner, Walters & Willig, for petitioners.

Jonathon Vipond, III, Chief Counsel, with him John G. Knorr, III, Deputy Attorney General, Allen C. Warshaw, Deputy Attorney General, Chief, Civil Litigation, Howard Ulan, Assistant Attorney General, and Harvey Bartle, III, Acting Attorney General, for respondents.

Argued September 9, 1980, before President Judge CRUMLISH and Judges WILKINSON, JR., MENCER, ROGERS, CRAIG, MacPHAIL and WILLIAMS, JR. Judge BLATT did not participate.

OPINION BY PRESIDENT JUDGE CRUMLISH, November 21, 1980:

This is an equity action brought to our original jurisdiction by Council 13 of the American Federation of State, County and Municipal Employees, AFL-CIO, and patients confined to Retreat State Hospital on a voluntary commitment basis by their guardians ad litem. Joining them in the petition are the Luzerne County Commissioners, a Retreat State Hospital Trustee, and State legislators from Luzerne County seeking...

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