SWARB v. LENNOX

No. 70-6.

405 U.S. 191 (1972)

SWARB ET AL. v. LENNOX ET AL.

Supreme Court of United States.

Decided February 24, 1972.


Attorney(s) appearing for the Case

David A. Scholl argued the cause for appellants pro hac vice. With him on the briefs was Harvey N. Schmidt.

Philip C. Patterson argued the cause for appellees. With him on the brief for appellees Middle Atlantic Finance Assn. et al. was Marvin Comisky. J. Shane Creamer, Attorney General, and Barry A. Roth, Assistant Deputy Attorney General, filed a brief for appellee the Commonwealth of Pennsylvania.

William L. Matz argued the cause for the Pennsylvania Savings & Loan League as amicus curiae urging affirmance. With him on the brief was Herbert Bass.

Briefs of amici curiae urging reversal were filed by Don B. Kates, Jr., Martin R. Glick, and Carol Ruth Silver for California Rural Legal Assistance et al.; by John J. Brennan and Gordon W. Gerber for the Pennsylvania Bankers Assn.; by David M. Jones for the Pennsylvania Credit Union League; and by Edward Donald Foster and Blair C. Shick for the National Consumer Law Center.

Briefs of amici curiae urging affirmance were filed by Matthew Hale for the American Bankers Assn., and by Gilbert Nurick and Moses K. Rosenberg for the Pennsylvania Land Title Assn.


MR. JUSTICE BLACKMUN delivered the opinion of the Court.

This appeal, heard as a companion to D. H. Overmyer Co. v. Frick Co., ante, p. 174, decided today, also purports to raise for the Court the issue of the due process validity of cognovit provisions. The system under challenge in this case is that of Pennsylvania.1 The three-judge District Court, with one judge dissenting in...

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