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DALE v. HAHN

No. 169, Docket 35059.

440 F.2d 633 (1971)

Rita Hooper DALE, a former incompetent person, Plaintiff-Appellant, v. Demarest J. HAHN, individually and as committee of the person and property of Rita Hooper Dale, for the period of July 24, 1962 until April 10, 1967; Alan D. Miller, M.D., individually and as Commissioner of the New York State Department of Mental Hygiene; Edward Pious, individually and as committee of the person and property of Rita Hooper Dale for the period of April 10, 1967 until the present; and Lawrence P. Roberts, M.D., individually and as Director of Harlem Valley State Hospital, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 19, 1971.

Attorney(s) appearing for the Case

Bruce J. Ennis, Jonathan Weiss, Mark Wurm, New York City, for plaintiff-appellant.

Irving L. Rollins, Asst. Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., for defendants-appellees Alan D. Miller, M. D. and Lawrence P. Roberts, M. D.

Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.

WATERMAN, Circuit Judge:

In 1951 plaintiff Rita Dale was involuntarily committed to Harlem Valley State Hospital in Wingdale, New York. She contends that she was committed as an alcoholic while the defendants contend that she was committed as a mental incompetent. In 1962, allegedly in order to facilitate payment to the New York Department of Mental Hygiene of amounts claimed to be due for services and treatment rendered to plaintiff, the hospital director, defendant...

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