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DALE v. HAHN

No. 1081, 1098, Dockets 73-1795, 73-1934.

486 F.2d 76 (1973)

Rita Hooper DALE, a former incompetent person, Plaintiff-Appellee-Appellant, v. Demarest J. HAHN, individually and as committee of the person and property of Rita Hooper Dale, et al., Defendants-Appellants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 24, 1973.

Rehearing Denied January 9, 1974.

Attorney(s) appearing for the Case

David H. Berman, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., and Irving Galt, Asst. Atty. Gen., New York City, on the brief), for defendants-appellants-appellees.

Jonathan A. Weiss, Legal Services for the Elderly Poor, New York City (Bruce J. Ennis, N.Y. Civil Liberties Union, and Bernard C. Durham, Legal Services for the Elderly Poor, New York City, on the brief), for plaintiff-appellee-appellant.

Before LUMBARD, HAYS and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

These cross-appeals are from an order entered May 7, 1973 in the Southern District of New York, Whitman Knapp, District Judge, which (1) held that the 1962 state court order declaring plaintiff-appellee-appellant Rita Hooper Dale ("appellee") to be incompetent and appointing a committee to manage her affairs was null and void ab initio; and (2) directed the return to appellee by defendants-appellants-appellees ("appellants")

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