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REX v. OWENS EX REL. STATE OF OKL.

No. 77-1220.

585 F.2d 432 (1978)

MacArthur Sylvester REX, and all others similarly situated, Plaintiffs-Appellants, v. Charles OWENS, as an Individual and in his official capacity as District Judge, in the District within and for Oklahoma County, and all others situated, ex rel. STATE OF OKLAHOMA, Director of the Oklahoma Mental Health Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 4, 1978.

Attorney(s) appearing for the Case

Porter H. Morgan, III, and Carl G. Stevens, Oklahoma City, Okl. (Monica E. McKnight, Oklahoma City, Okl., on the brief), of Legal Aid Society of Oklahoma County, Inc., for plaintiffs-appellants.

Kay Karen Kennedy, Asst. Atty. Gen., Oklahoma City, Okl. (Larry Derryberry, Atty. Gen., and David K. McCurdy, Asst. Atty. Gen., Oklahoma City, Okl., on the brief), for defendants-appellees.

Before SETH, Chief Judge, and BARRETT and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

MacArthur Sylvester Rex (Rex) appeals from a final order dismissing as moot his action for injunctive and declaratory relief, which he filed based on 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-2202. Rex sued after he had been involuntarily committed to an Oklahoma mental institution pursuant to the provisions of a statute which permits commitment for observation and examination prior to a preliminary hearing in a criminal proceeding...

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