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COLEY v. CLINTON

No. 79-2043.

635 F.2d 1364 (1980)

Floyd F. COLEY, Ralph Steed, individually and on behalf of all other persons similarly situated, Appellants, v. Bill CLINTON, Governor of the State of Arkansas; Gail S. Huecker, Commissioner of the Department of Social and Rehabilitative Services (Department of Human Services); Pat Hamilton, Administrator of the Arkansas State Hospital; Dr. James S. Beckman; Dr. Larry Killough; Virginia Robinson; Darrell Williams; Blanche Choate, Members of the State Hospital Board, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 16, 1980.

Attorney(s) appearing for the Case

Griffin J. Stockley, Thomas J. Ginger, argued, James R. Cromwell, Central Arkansas Legal Services, Little Rock, Ark., for plaintiff-appellant Floyd F. Coley.

Steve Clark, Atty. Gen., David L. Williams, Jackson Jones, Asst. Attys. Gen., Little Rock, Ark., for defendants-appellees.

Before STEPHENSON, Circuit Judge, KUNZIG, Court of Claims Judge, and McMILLIAN, Circuit Judge.

McMILLIAN, Circuit Judge.

Appellants, two former inmates of an Arkansas state hospital, appeal from the district court's judgment dismissing their complaint and refusing to certify this lawsuit as a class action. Appellants sought to represent a class consisting of all those criminal defendants committed to the Arkansas state mental hospital when found incompetent to stand trial or when acquitted by reason of mental disease or defect. On behalf of themselves and the...

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