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HOLT v. BROWN

No. 6838.

336 F.Supp. 2 (1971)

Larry HOLT et al., etc., Plaintiffs, and Louisville Tenants Union, Inc., Intervening Plaintiff, v. C. Maxwell BROWN et al., Defendants. and Louisville Board of Realtors, Intervening Defendant.

United States District Court, W. D. Kentucky, at Louisville.

October 29, 1971.

Attorney(s) appearing for the Case

Martin R. Glenn, John G. O'Mara, Legal Aid Society, Louisville, Ky., for Larry Holt and his wife, Terri Holt and Mrs. Edith Holt.

Jerrold L. Becker, Louisville, Ky., for intervening plaintiff Louisville Tenants Union, Inc.

C. Maxwell Brown, pro se.

Boyce F. Martin, Asst. County Atty., Jefferson County, Ky., for Charles R. First, Jr., Constable First Magisterial Dist., Jefferson County, and Clem H. Block, Justice of the Peace, First Magisterial Dist., Jefferson County.

Shrader R. Miller, Louisville, Ky., for intervening defendant Louisville Bd. of Realtors.

Before BROOKS, Circuit Judge, and GORDON and BRATCHER, District Judges.

MEMORANDUM

BRATCHER, District Judge.

This is an action before a three-judge court, convened pursuant to 28 U.S.C. Section 2284, seeking to invalidate and declare unconstitutional KRS 383.040 and KRS 383.050. Complaint is made that said statutes permit the seizure and sale of property by landlords pursuant to a distress warrant without prior opportunity being afforded tenants to be heard.

The pertinent facts...

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