Mrs. Agnes Cotton Turner and Mrs. Alene Moore, Individually and on Behalf of All Other Persons Similarly Situated v. Colonial Finance Corporation

Fifth Circuit

Mrs. Agnes Cotton Turner and Mrs. Alene Moore, Individually and on Behalf of All Other Persons Similarly Situated v. Colonial Finance Corporation

467 F.2d 202

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 5, 1972

Docket71-2292

StatusPublished

Cited by8 cases

This text of 467 F.2d 202 (Mrs. Agnes Cotton Turner and Mrs. Alene Moore, Individually and on Behalf of All Other Persons Similarly Situated v. Colonial Finance Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mrs. Agnes Cotton Turner and Mrs. Alene Moore, Individually and on Behalf of All Other Persons Similarly Situated v. Colonial Finance Corporation, 467 F.2d 202 (5th Cir. 1972).

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Opinion

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.

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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.

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Bluebook (online)

467 F.2d 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mrs-agnes-cotton-turner-and-mrs-alene-moore-individually-and-on-behalf-ca5-1972.

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