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TURNER v. COLONIAL FINANCE CORPORATION

No. 71-2292.

467 F.2d 202 (1972)

Mrs. Agnes Cotton TURNER and Mrs. Alene Moore, Individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. COLONIAL FINANCE CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 5, 1972.

Attorney(s) appearing for the Case

Danny E. Cupit, Community Legal Services, Barry H. Powell, John L. Maxey, II, Jackson, Miss., for plaintiffs-appellants.

James E. Rankin, Federal Litigation Div., William A. Allain, Asst. Atty. Gen., Paul G. Alexander, Jackson, Miss., P. Roger Googe, Jr., Jackson, Miss., for defendants-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

This appeal involves the constitutionality of a Mississippi replevin statute that did not provide for notice and a hearing before seizure of the debtor-possessor's property. The case is controlled by two significant decisions of the United States Supreme Court: Lynch v. Household Finance Corporation, 1972, 405 U.S. 538, 92 S.Ct. 1113, 31 L.Ed.2d 424 and Fuentes v. Shevin, 1972, 407 U.S. 67

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