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KIRKSEY v. THEILIG

Nos. C-4203, C-4230.

351 F.Supp. 727 (1972)

William KIRKSEY, Plaintiff, v. Gene THEILIG, as agent of The East Colorado Springs National Bank and The East Colorado Springs National Bank, a Colorado corporation, Defendants. Gerald CHASE, individually and for all others similarly situated, Plaintiff, v. CHRYSLER CREDIT CORP. and Gary Ford, as agent for Chrysler Credit Corp., Defendants.

United States District Court, D. Colorado.

November 30, 1972.

Attorney(s) appearing for the Case

James Robert Barash and James W. Kin, Pikes Peak Legal Services, Colorado Springs, Colo., for plaintiff Kirksey.

Goodbar, Goodbar & Fischer by Mr. William D. Goodbar, Colorado Springs, Colo., for defendants Theilig and The East Colorado Springs National Bank.

Loa E. Bliss, Pikes Peak Legal Services, Colorado Springs, Colo., for plaintiff Chase.

Hellerstein & Hellerstein, P. C., by Stephen A. Hellerstein and Martin H. Shore, Denver, Colo., for defendant Chrysler Credit Corp.

MEMORANDUM OPINION AND ORDER

ARRAJ, Chief Judge.

These two cases have not been consolidated, but because they present identical questions, we will deal with both cases in this one opinion. The questions are (1) whether defendants' self-help repossessions of plaintiffs' automobiles, pursuant to their respective agreements and as authorized by Colorado's Uniform Commercial Code, C.R.S. § 155-9-503 (1963), were actions "under color of" state law within...

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