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WHEELER v. ADAMS COMPANY

Civ. No. 70-1087-K.

322 F.Supp. 645 (1971)

Ruth WHEELER a/k/a Ruth Fish v. ADAMS COMPANY, Inc., a Maryland Corporation, Honorable Carl W. Bacharach, Associate Judge, People's Court of Baltimore City, J. Jerome Butler, Chief Constable, People's Court of Baltimore City, Honorable William T. Tippett, Jr., Chief Judge, People's Court of Baltimore City, State of Maryland.

United States District Court, D. Maryland.

January 25, 1971.

Attorney(s) appearing for the Case

Ronald E. Elberger, Lawrence B. Coshnear and Melvin G. Wachs, Baltimore, Md., for plaintiff.

N. Frank Lanocha, Baltimore, Md., for defendant Adams Co., Inc.

Francis B. Burch, Atty. Gen. of Md., and Francis X. Pugh, Asst. Atty. Gen., for defendants Honorable Carl W. Bacharach and Honorable Wiliam T. Tippett, Jr.

George L. Russell, Jr., City Sol., and J. Warren Eberhardt, Asst. City Sol., Baltimore, Md., for defendant J. Jerome Butler.

FRANK A. KAUFMAN, District Judge.

In issue in this case are (1) the validity under the Federal Constitution of the replevin procedures of the People's Court of Baltimore City,1 both facially and as applied to plaintiff herein as an indigent defendant in a replevin proceeding in that Court; and (2) the right of such a defendant to have initially determined in a federal court suit, instituted after the commencement and during the pendency...

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