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MOYA v. DeBACA

Civ. No. 7271.

286 F.Supp. 606 (1968)

Manuel MOYA and Ernestine Moya, his wife, Plaintiffs and Petitioners, v. Dan DeBACA d/b/a DeBaca and Company Credit and Collection Agency, Eloy A. Duran (Justice of the Peace, Precinct No. 15, Bernalillo County, New Mexico), Seymour Potter (Justice of the Peace, Precinct No. 15, Valencia County, New Mexico), and Salomon Vallejos, Clerk of the Court of the Second Judicial District of the State of New Mexico, Defendants and Respondents. State of New Mexico, Intervenor.

United States District Court D. New Mexico.

July 19, 1968.

Attorney(s) appearing for the Case

Ellis J. French and Georgina Fowlie, Albuquerque, N. M., for plaintiffs.

Sedillo & Howden (Frederick B. Howden), Belen, N. M., for defendant DeBaca.

Wm. J. Bingham, Asst. Dist. Atty., for Vallejos.

Boston Witt, Atty. Gen., James V. Noble, Sp. Asst. Atty. Gen., Santa Fe, N. M., for intervenor.

Before PICKETT, Senior Circuit Judge, PAYNE, Chief Judge, and THEIS, District Judge.

OPINION

PAYNE, Chief Judge.

This is an action brought to test the constitutionality of the New Mexico garnishment statutes.1 It is asserted that the statutes in question violate the Due Process and Equal Protection Clauses of the Fifth and Fourteenth Amendments. Plaintiffs ask this Court to permanently enjoin their enforcement. As the constitutionality of state statutes is involved...

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