IN RE CAVITT

No. 36648.

159 N.W.2d 566 (1968)

183 Neb. 243

In the Matter of the Sterilization of Gloria CAVITT. STATE of Nebraska, Appellant, Cross-Appellee, v. Gloria CAVITT, Vincent Dowding, Guardian, Appellee, Cross-Appellant.

Supreme Court of Nebraska.

June 14, 1968.


Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellant.

Vincent Dowding, Luebs, Tracy & Huebner, Grand Island, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


SPENCER, Justice.

Appellee sets out 17 assignments of error in her motion for rehearing, several of which are merely restatements of her argument on the merits, although some are directed to alleged misstatements in specific findings.

Appellee's whole case is premised on the fact that the sterilization statute does not define who is a mentally deficient patient. Section 83-501, R.R.S.1943, provides: "No mentally deficient patient, physically capable of bearing...

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