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VANDER MALLE v. AMBACH

No. 691, Docket 81-7801.

673 F.2d 49 (1982)

Harold A. VANDER MALLE, et al., Plaintiffs-Appellees, v. Gordon M. AMBACH, individually and in his official capacity as Commissioner of Education of the State of New York, et al., Defendants-Appellants, and Frank Macchiarola, individually and in his official capacity as Chancellor of the Board of Education of the City of New York, et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided March 4, 1982.

Attorney(s) appearing for the Case

Stanley A. Camhi, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., George D. Zuckerman, Asst. Sol. Gen., Amy Juviler, Asst. Atty. Gen., New York City, on the brief), for defendants-appellants.

Arthur D. Zinberg, New York City, for plaintiffs-appellees.

Before OAKES, NEWMAN, and WINTER, Circuit Judges.

NEWMAN, Circuit Judge:

The New York State defendants ("the State")1 appeal from an order of the District Court for the Southern District of New York (Robert J. Ward, Judge) filed September 11, 1981, preliminarily enjoining them to maintain Bruce Vander Malle, an emotionally disturbed twenty-year-old, at the Institute of Living ("the Institute"), a psychiatric hospital in Hartford, Connecticut, and to pay the Institute's per diem...

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