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SCHNEIDER v. MARGOSSIAN

Civ. A. Nos. 72-1421-G, 72-1881-G.

349 F.Supp. 741 (1972)

David SCHNEIDER et al., Plaintiffs, v. Michael MARGOSSIAN et al., Defendants. Janet C. PASTOR et al., Plaintiffs, v. Liman TRUST et al., Defendants.

United States District Court, D. Massachusetts.

Supplemental Memorandum and Order October 26, 1972.

Attorney(s) appearing for the Case

Patrick J. King, Boston, Mass., Michael G. West, Cambridge & Somerville Legal Services, Cambridge, Mass., for David Schneider and others.

Paul Kilgarriff, Asst. Atty. Gen., Boston, Mass., for Joseph Conway.

Francis Fox, Paul J. Lambert, Bingham, Dana & Gould, Boston, Mass., for Harvard Trust Co.

Robert I. Goldman, Boston, Mass., for Janet C. Pastor and others.

Norman Ostroff, Boston, Mass., for Liman Trust & L. S. Jacobs.

James J. Marcellino, Ely, Bartlett, Brown & Proctor, Boston, Mass., for Harbor National Bank.

Danielle E. deBenedictis, Deputy Asst. Atty. Gen., Boston, Mass., for John E. Hurley.

Harvey Fishman, Cambridge, Mass., for Michael Margossian.

Before COFFIN, Circuit Judge, and GIGNOUX and GARRITY, District Judges.

MEMORANDUM OF DECISION

GARRITY, District Judge.

The joint question presented by these cases is whether the prejudgment attachment procedures under Massachusetts law, specifically the trustee process sections of Mass.G.L. c. 246, violate the due process clause of the Fourteenth Amendment to the Constitution of the United States. In each case the plaintiff had been sued in state court pursuant to the attachment procedure; as permitted by statute, their bank...

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