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MILLER v. DEPARTMENT OF TREASURY

No. 20 January Term 1970, Docket No. 52,529. No. 34 June Term 1971, Docket No. 52,529.

385 Mich. 296 (1971)

188 N.W.2d 795

MILLER v. DEPARTMENT OF TREASURY, REVENUE DIVISION

Supreme Court of Michigan.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Donald A. Miller, for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and William D. Dexter, Richard Roesch, and James B. Saunders, Assistant Attorneys General, for defendant.

Amicus Curiae: Michigan Association of Retarded Children by Strom & Hoehn (Thomas L. Butch, of counsel).

ADAMS, J.

A summary judgment of unconstitutionality of PA 1965, No 335, was entered by the circuit judge on December 11, 1967.1 Then, as now, admission to a state mental institution might result from a court-ordered commitment2 based on proceedings initiated by persons not related to the handicapped person, the statute providing:

"The father, mother, husband...

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