U.S. Court of Appeals for the Fifth Circuit, 1972

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

Mrs. Agnes Cotton Turner and Mrs. Alene Moore, Individually and on Behalf of All Other Persons Similarly Situated v. Colonial Finance Corporation
U.S. Court of Appeals for the Fifth Circuit · Decided September 5, 1972 · Wisdom, Coleman, Simpson
467 F.2d 202 (Federal Reporter, Second Series)

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

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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