U.S. Court of Appeals for the Fifth Circuit, 1974

Burnham v. Department of Public Health

Burnham v. Department of Public Health
U.S. Court of Appeals for the Fifth Circuit · Decided November 8, 1974
503 F.2d 1319 (Federal Reporter, Second Series)

Counsel

Thomas H. Harper, Jr., Atlanta, Ga., Jack Drake, Tuscaloosa, Ala., for plaintiff s-appellants., Alfred L. Evans, Jr., Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees., Edward Lynch, Washington, D. C., for President’s Committee on Mental Retardation., Charles Halpern, Washington, D. C., amicus curiae, for Mental Health Law Project., James E. Fitzpatrick, Jeffrey D. Bau-man, Stanley Herr, Washington, D. C., amicus curiae, for NLADA National Law Office.

Burnham v. Department of Public Health

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

PER CURIAM:

The decision of the district court is reversed on the authority of our decisions in Donaldson v. O’Connor, 5 Cir. 1974, 493 F.2d 507, and Wyatt v. Ader-holt, 5 Cir. 1974, 503 F.2d 1305. The case is remanded to the district court for further proceedings consistent with the principles announced in those decisions.

Reversed and remanded.

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