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WINTERS v. MILLER

No. 94, Docket 34521.

446 F.2d 65 (1971)

Miriam WINTERS, on behalf of herself and all other persons similarly situated, Plaintiff-Appellant, v. Alan D. MILLER, M.D., as Commissioner of Mental Hygiene of the State of New York, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 26, 1971.

Attorney(s) appearing for the Case

Bruce J. Ennis and William H. Pratt, New York Civil Liberties Union, New York City, for plaintiff-appellant.

Edmund B. Hennefeld (J. Lee Rankin, Corp. Counsel of the City of New York, New York City, Stanley Buchsbaum, New York City, of counsel), for defendant-appellee Thomas.

Joel H. Sachs, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendants-appellees Miller and O'Neill.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York (Anthony J. Travia, Judge) granting defendants-appellees' motion for summary judgment and dismissing the complaint in an action brought pursuant to the federal civil rights statutes [42 U.S.C. § 1983 and 28 U.S.C. § 1343(3)]. The opinion below is reported at 306 F.Supp. 1158 (1969)...

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