MRS. AGNES COTTON TURNER AND MRS. ALENE MOORE, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,
v.
COLONIAL FINANCE CORPORATION ET AL., DEFENDANTS-APPELLEES
MRS. AGNES COTTON TURNER AND MRS. ALENE MOORE, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,
COLONIAL FINANCE CORPORATION ET AL., DEFENDANTS-APPELLEES
467 F.2d 202
Court of Appeals for the Fifth Circuit (1972)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM:
This appeal involves the constitutionality of a Mississippi replevin statute that did not provide for notice and a hearing before seizure of the debtor-possessor’s property. The case is controlled by two significant decisions of the United States Supreme Court: Lynch v. Household Finance Corporation, 1972, 405 U.S. 538, 92 S.Ct. 1113, 31 L.Ed.2d 424 and Fuentes v. Shevin, 1972, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556. The appellants’ motion for a summary reversal is hereby granted. The case is remanded to the district court, sitting as a single judge, to conduct a hearing and render judgment consistent with the Supreme Court’s decision in Lynch and Fuentes.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mitchell v. W. T. Grant Co., 416 U.S. 600 (U.S. 1974)
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Furtado v. Bishop, 604 F.2d 80 (1st Cir. 1979)
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McDONNELL v. Wolff, 483 F.2d 1059 (8th Cir. 1973)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fuentes v. Shevin, 407 U.S. 67 (U.S. 1972)
- Lynch v. Household Fin. Corp., 405 U.S. 538 (U.S. 1972)