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KOE v. CALIFANO

No. 653, Docket 77-6047.

573 F.2d 761 (1978)

Kenneth KOE, Lawrence Loe, Mathew Moe, and Nathan Noe (all pseudonyms), on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Joseph A. CALIFANO, Jr., as Secretary of the United States Department of Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 29, 1978.

Attorney(s) appearing for the Case

Morton Birnbaum, Brooklyn, N. Y., for plaintiffs-appellants.

David L. Birch, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for State defendants-appellees.

Cyril Hyman, Asst. U. S. Atty., Brooklyn, N. Y. (David G. Trager, U. S. Atty. for the Eastern District of New York, Harvey M. Stone, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for federal defendants-appellees.

Before FEINBERG, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.

FEINBERG, Circuit Judge:

This troubling lawsuit was brought by four aged and severely ill mental patients, involuntarily committed to Pilgrim Psychiatric Center in Brentwood, New York, against the Secretary of the United States Department of Health, Education and Welfare (HEW), a Regional Commissioner of that Department and the United States. The complaint alleges that plaintiffs, who sue under pseudonyms to protect their identity, are "very poor," over 65 and chronic...

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