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IN RE SCHMIDT

494 Pa. 86 (1981)

429 A.2d 631

In re Joseph SCHMIDT, Respondent. Appeal of COUNTY OF ALLEGHENY.

Supreme Court of Pennsylvania.

Reargued September 30, 1980.

Decided February 4, 1981.

Reargument Denied May 28, 1981.

Attorney(s) appearing for the Case

James H. McLean, County Sol., James A. Esler and Dennis Biondo, Asst. County Sols., Pittsburgh, for appellant.

Marlene W. Jackson, Asst. Atty. Gen., for Dept. of Public Welfare.

Thomas E. Coval, Willow Grove, Timothy E. Finnerty, Pittsburgh, for Joseph Schmidt.

Before O'BRIEN, C.J., ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION

NIX, Justice.

Appellant, County of Allegheny, petitioned the Court of Common Pleas for the involuntary commitment of respondent, Joseph Schmidt, to an appropriate facility. Appellee, Commonwealth of Pennsylvania, intervened as a party-respondent and presented testimony to establish that the state-operated facility known as Western Center would not be an appropriate facility as required by the Mental Health and Mental Retardation Act of 1966 (hereinafter...

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