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GREENE v. THE FIRST NATIONAL EXCHANGE BANK OF VIRGINIA

Civ. A. No. 72-C-102-R.

348 F.Supp. 672 (1972)

Larry L. GREENE, Plaintiff, v. THE FIRST NATIONAL EXCHANGE BANK OF VIRGINIA, Defendant.

United States District Court, W. D. Virginia, Roanoke Division.

September 14, 1972.

Attorney(s) appearing for the Case

Roger A. Stetter, Legal Aid Society of Roanoke Valley, Roanoke, Va., for plaintiff.

David C. Hjortsberg, Eggleston, Butler & Glenn, Roanoke, Va., for defendant.

OPINION AND JUDGMENT

DALTON, District Judge.

The issue in the present case involves the constitutionality of a Virginia statute which authorizes the use of self-help to repossess property sold under installment sales contracts.

The statute in question is § 9-503 of the Uniform Commercial Code as adopted in Virginia, § 8.9-503 of the Virginia Code, which allows the secured party to take possession of the collateral without judicial intervention...

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