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POWELL v. RADKINS

No. 74-1042.

506 F.2d 763 (1975)

Rosa Lee Vickers POWELL, Plaintiff-Appellant, v. Laurent V. RADKINS, Jr., M. D., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 21, 1975.

Attorney(s) appearing for the Case

Michael R. N. McDonnell, M. W. Schryver, Naples, Fla., for plaintiff-appellant.

Robert L. Shevin, Atty. Gen., Baya Harrison, III, Richard C. Booth, Asst. Attys. Gen., Tampa, Fla., for Wm. B. Barrow, M.D.

James A. Franklin, Jr., Fort Meyers, Fla., for Radkins, Blank, Lee Mem. Hosp.

G. Hunter Gibbons, Sarasota, Fla., for Scott, U. S. Fid.

James G. Mahorner, Gen. Counsel, State of Fla., Dept. of Health & Rehabilitation Services, Tallahassee, Fla., for Robt. L. Eaton.

Before THORNBERRY, GOLDBERG and GODBOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 21, 1975.

GODBOLD, Circuit Judge.

This case was brought under 42 U.S.C. § 1983 and Florida state law by a female who was sterilized while a ward of the Florida State Department of Health & Rehabilitation Service, Division of Mental Retardation. The jury found all issues in favor of defendants.1

Plaintiff, when age 17 and unmarried, was on furlough from a facility...

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