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SHAFFER v. HOLBROOK

Civ. A. No. 71-46 CH.

346 F.Supp. 762 (1972)

Billy SHAFFER and Patricia Shaffer, his wife, Individually and on behalf of their infant children, Billy Blake Shaffer, Jr. and Charles Edward Shaffer, Individually and on behalf of all others similarly situated, Plaintiffs, v. Burl HOLBROOK, Justice of the Peace, for Cabin Creek District, Kanawha County, West Virginia, Individually and in his official capacity, et al., Defendants.

United States District Court, S. D. West Virginia, Charleston Division.

Decided August 2, 1972.

Attorney(s) appearing for the Case

J. David Cecil and Herbert E. Buhl, III, Legal Aid Society, Charleston, W. Va., for plaintiffs.

Chauncey H. Browning, Jr., Atty. Gen. West Virginia, James G. Anderson, III, Asst. Atty. Gen. West Virginia, for defendants.

Before FIELD, Circuit Judge, and CHRISTIE and KNAPP, District Judges.

FIELD, Circuit Judge:

The plaintiffs instituted this class action seeking a declaratory judgment that the summary distress procedure prescribed by Chapter 37, Article 6, Section 12 of the West Virginia Code violates the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States.1 Plaintiffs further ask that the defendants, Holbrook and Ferrell, be permanently enjoined from selling distrained personal property...

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