Beverly LAPREASE, Individually and on behalf of all other persons similarly situated, Plaintiffs,
v.
RAYMOURS FURNITURE COMPANY, Inc., Individually and on behalf of all other persons similarly situated, and Louis Engle and Patrick Corbett, individually and as non-judicial personnel and enforcement officers of the Courts of the State of New York and on behalf of all other persons similarly situated, Defendants.
Clifford LAWSON, Judith Lawson and Joan Messler, on behalf of themselves and all other persons similarly situated, Plaintiffs,
v.
Michael GALVIN and Earl Stoddard, In their capacity as City Marshals of the City of Albany, on behalf of themselves and all others similarly situated, Edward M. Fischer, in his capacity as Sheriff of Albany County, on behalf of himself and all others similarly situated, and Louis J. Lefkowitz, in his capacity as Attorney General of the State of New York, Defendants.
United States District Court, N. D. New York.https://leagle.com/images/logo.png
July 29, 1970.
July 29, 1970.
Attorney(s) appearing for the Case
Onondaga Neighborhood Legal Services, Inc., Syracuse, N. Y., for plaintiff Laprease; Barbara B. Gregg, Syracuse, N. Y., of counsel.
Edward P. Kearse, Corp. Counsel, City of Syracuse, Syracuse, N. Y., for defendant Engle; Carl W. Dengel, Asst. Corp. Counsel, Syracuse, N. Y., of counsel.
William H. Welch, Syracuse, N. Y., for defendant Corbett.
Lawrence F. Klepper, Legal Aid Society of Albany, Inc., Albany, N. Y., for plaintiffs; Joel F. Spitzer, Albany, N. Y., Dennis B. Schlenker, Catskill, N. Y., David L. Corbin, Albany, N. Y., of counsel.
John W. Hacker, Corp. Counsel, City of Albany, Albany, N. Y., for defendants Galvin and Stoddard; George N. Meyl, Albany, N. Y., of counsel.
John J. Clyne, Albany County Atty., Albany, N. Y., for defendant Fischer.
Louis J. Lefkowitz, pro se; John Q. Driscoll, Asst. Atty. Gen., of counsel.
New York State Council of Retail Merchants, by Weil, Gotshal & Manges, New York City, amicus curiae.
General Motors Acceptance Corp. by Ross L. Malone, Gen. Counsel, New York City, amicus curiae.
C.I.T. Financial Corp. by Arthur L. B. Richardson, Gen. Counsel, New York City, amicus curiae.
Ford Motor Credit Corp. by Wright Tisdale, Gen. Counsel, Dearborn, Mich., amicus curiae.
Chrysler Credit Corp., by Bookstein, Zubres & D'Agostino, Albany, N. Y., amicus curiae.
New York State Sheriff's Assn. by Edward G. Dillon, Albany, N. Y., amicus curiae.
New York State Bankers Assn. by Cravath, Swaine & Moore, New York City, amicus curiae; John W. Barnum, Richard S. Simmons, Howard G. Kristol, New York City, of counsel.
White Motor Corp. by Lynn, Burke & Lynn, Albany, N. Y., amicus curiae; Morton M. Z. Lynn, Albany, N. Y., of counsel.
Before FEINBERG, Circuit Judge, and FOLEY and PORT, District Judges.
United States District Court, N. D. New York.
PORT, District Judge.
In the above-entitled actions, consolidated for hearing, the plaintiffs seek to enjoin the defendants from enforcing Article 711 of the New York Civil Practice Law and Rules. That Article governs the procedure in a replevin action, and permits the prehearing seizure of the subject matter of the action without the intervention or order of a judicial officer.
Temporary restraining orders were issued in each...
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