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LEWIS v. DONAHUE

No. CIV-76-0440-E.

437 F.Supp. 112 (1977)

Gladys M. LEWIS, Individually and on behalf of all other persons similarly situated, Plaintiff, v. Dr. Hayden H. DONAHUE, Individually and in his capacity as Director of the Oklahoma Department of Mental Health, Harold C. Theus, Individually and in his capacity as Presiding Judge for the Seventh Judicial District of the State of Oklahoma, Joe Wallace, Individually and in his capacity as Special Judge for the Seventh Judicial District of Oklahoma, Family Relations Division, Defendants.

United States District Court, W. D. Oklahoma.

September 19, 1977.

Attorney(s) appearing for the Case

Wesley G. Gibson, Carl G. Stevens, James H. Hiatt and Stan L. Foster, Oklahoma City, Okl., for plaintiff.

David K. McCurdy, Asst. Atty. Gen., Oklahoma City, Okl., for defendants.

Before HOLLOWAY, Circuit Judge, DAUGHERTY, Chief District Judge, and EUBANKS, District Judge.

MEMORANDUM OPINION AND ORDER

EUBANKS, District Judge.

This is an action for declaratory and injunctive relief seeking order declaring invalid and enjoining the enforcement of the provisions of the Oklahoma Mental Health Law, 43A O.S. § 73,1 on the ground that section provides for the revocation of convalescent or out-patient leave by way of judicial order, issued summarily, upon...

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