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McMEANS v. SCHWARTZ

Civ. A. No. 6374-70-P.

330 F.Supp. 1397 (1971)

Robert Lee McMEANS, Plaintiff, v. Louis Joseph SCHWARTZ d/b/a Joro's, Defendant.

United States District Court, S. D. Alabama, S. D.

September 16, 1971.

Attorney(s) appearing for the Case

Robert F. Clark, Mobile, Ala., for plaintiff.

Gary P. Alidor, Mobile, Ala., for defendant.

ORDER ON MOTION FOR SUMMARY JUDGMENT

PITTMAN, Chief Judge.

The facts of this case are not in dispute. The defendant, claiming that the plaintiff was indebted to him, filed suit in the Mobile County Court of General Sessions. Contemporaneously, pursuant to Code of Alabama, Tit. 7, § 996 et seq. (1958), a prejudgment garnishment was taken on plaintiff's wages.

The plaintiff, arguing that his fourteenth amendment rights were violated by the issuance...

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