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FOE v. CUOMO

Nos. 514, 515, Dockets 88-9075, 89-7037.

892 F.2d 196 (1989)

Frank FOE and Walter Woe, (a pseudonym), by his mother and guardian, Wilma Woe (a pseudonym), on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Mario CUOMO, individually and as Governor of the State of New York; Lawrence Kolb, M.D., individually and as Commissioner of Department of Mental Hygiene of the State of New York; Morton B. Wallach, M.D., individually and as Director of Brooklyn State Hospital; and the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 15, 1989.

Attorney(s) appearing for the Case

Morton Birnbaum, Brooklyn (George D. Garofallou, New York City, Mark Greenfest, Roslyn Heights, Burton Zuckerman, New York City, of counsel), for plaintiffs-appellants.

Michael S. Lottman, East Hartford, Conn. (Murray B. Schneps, Scheinberg, Schneps, DePetris and DePetris, Riverhead, of counsel), for plaintiffs-appellees.

Arnold D. Fleischer, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., of the State of New York, O. Peter Sherwood, Sol. Gen., New York City, of counsel), for defendants-appellees.

Before TIMBERS, PIERCE, and MINER, Circuit Judges.

PER CURIAM:

Dr. Morton Birnbaum, Esq., and Burton Zuckerman, Esq., have brought this appeal on behalf of members of a class of persons between the ages of 21 and 65 who are involuntarily civilly committed in the Bronx Psychiatric Center (the "BPC"). Appellants challenge an order of the United States District Court for the Eastern District of New York (Bartels, Judge) approving the settlement of this action insofar as it related to the BPC. See Foe v. Cuomo...

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