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SOUDER v. McGUIRE

No. 74-1888.

516 F.2d 820 (1975)

Kenneth SOUDER, Appellant, v. Michael McGUIRE, Superintendent, Farview State Hospital, Waymart, Pennsylvania, Appellee.

United States Court of Appeals, Third Circuit.

Decided May 13, 1975.

Attorney(s) appearing for the Case

Beverly A. Nelson, Allen C. Warshaw, Deputy Attys. Gen., Lawrence Silver, Deputy Atty. Gen., Chief, Civ. Litigation, Robert P. Kane, Atty. Gen., Dept. of Justice, Harrisburg, Pa., for appellee.

Michael Basista, Scranton, Pa., for appellant.

David Ferleger, Mental Patient Civil Liberties Project, Philadelphia, Pa., for amicus curiae.

Before VAN DUSEN, GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

In this case, a state prisoner who had been committed to a Pennsylvania mental hospital filed a petition for a writ of habeas corpus in the district court seeking to challenge his confinement and the commitment provisions of § 411 of the Pennsylvania Mental Health and Mental Retardation Act of 1966, 50 P.S. § 4411. The district court refused to permit petitioner...

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