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STATE EX REL. DOE v. MADONNA

Nos. 48751, 48766.

295 N.W.2d 356 (1980)

STATE of Minnesota ex rel. Mary DOE et al., Appellants, v. Sister Mary MADONNA, General Director, St. Mary's Hospital et al., Respondents, Honorable Melvin Peterson, Judge, Hennepin County Probate Court, Respondent. STATE of Minnesota ex rel. Jane DOE et al., Appellants, v. Frank LARKIN, General Director, Metropolitan Medical Center et al., Defendants, Honorable Melvin Peterson, Judge, Hennepin County Probate Court, Respondent. STATE of Minnesota ex rel. Douglas A. VINGE, Appellant, v. Tom MATTISON, Director, Hennepin County Medical Center et al., Respondents.

Supreme Court of Minnesota.

May 30, 1980.

Attorney(s) appearing for the Case

William F. Messinger and John W. Elwell, Minneapolis, Beverly Balos, Legal Assistance of Ramsey County, of counsel, for appellants.

Gary W. Flakne, County Atty., George H. Elwell, Peter J. Fransway, and John J. Ryan III, Minneapolis, for Honorable Peterson and Mattison.

Rebecca Moos, Minneapolis, for Sister Mary Madonna.

Warren Spannaus, Atty. Gen., Paul G. Zerby, Asst. Atty. Gen., and Alan A. Held, Sp. Asst. Atty. Gen., St. Paul, for State.

Dayton, Herman, Graham & Getts and James A. Payne, Minneapolis, for Mental Health Assn. in Hennepin County.

Heard, considered, and decided by the court en banc.

KELLY, Justice.

These cases arise out of several orders (hold orders) pursuant to Minn.St. 253A.07, subd. 3, to confine individuals pending a determination as to whether the individuals should be committed to mental institutions. The facts of the individual cases are as follows:

Mary Doe

On October 7, 1977, a petition was filed in Hennepin County Probate Court for the commitment of Mary Doe due to mental illness. On October 11, a referee in...

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