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BENHAM v. EDWARDS

Civ. A. No. C80-78R.

501 F.Supp. 1050 (1980)

Joe BENHAM, Woodrow Biddle and Terry E. Anthony, individually and on behalf of all others similarly situated, Plaintiffs, v. Joe EDWARDS and John R. Branning, individually and in their official capacities, Defendants.

United States District Court, N. D. Georgia, Rome Division.

November 14, 1980.

Attorney(s) appearing for the Case

Robert B. Remar, Phyllis J. Holmen, Douglasville, Ga., Kay Giese, Dalton, Ga., Howard Sokol, Milledgeville, Ga., Jonathan A. Zimring, John L. Cromartie, Jr., Atlanta, Ga., Georgia Legal Services, for plaintiffs.

Carol Atha Cosgrove, Senior Asst. Atty. Gen., Don A. Langham, First Asst. Atty. Gen., Michael J. Bowers, Senior Asst. Atty. Gen., Robert S. Stubbs, II, Executive Asst. Atty. Gen., Arthur K. Bolton, Atty. Gen., Atlanta, Ga., for defendants.

ORDER

HAROLD L. MURPHY, District Judge.

I

INTRODUCTION

The named plaintiffs in this class action are presently confined in mental hospitals in the State of Georgia following their acquittal of criminal charges by reason of insanity. They challenge the procedures which led to their initial commitment and which govern their efforts to obtain release. Jurisdiction is founded on 28 U.S.C. § 1343(3) and 28 U.S.C. §§ 2201, and...

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