WESTERN COACH CORPORATION v. SHREVE

No. 72-2534.

475 F.2d 754 (1973)

WESTERN COACH CORPORATION, an Arizona corporation, Plaintiff-Appellee, v. Leroy SHREVE, dba Lee's Refrigeration, and Wilson D. Palmer, Clerk of the Superior Court of the State of Arizona, in and for the County of Maricopa, Defendants, Leroy Shreve, dba Lee's Refrigeration, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 6, 1973.


Attorney(s) appearing for the Case

Edward Crehan Rapp, of Tupper, Rapp, Salcito & Schlosser, Phoenix, Ariz., for defendant-appellant.

Henry Jacobowitz, Phoenix, Ariz., for plaintiff-appellee.

Before DUNIWAY, HUFSTEDLER and CHOY, Circuit Judges.


CHOY, Circuit Judge:

Shreve brought a civil action against the Western Coach Corp. (Western) and sought to attach Western's bank account under Arizona's garnishment laws. Western thereafter instigated a declaratory judgment action asking that the garnishment laws of the State of Arizona, A.R.S. §§ 12-1571 to 12-1595, be declared unconstitutional insofar as they permit prejudgment garnishment without providing adequate...

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