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CLEMENT v. FOUR NORTH STATE STREET CORPORATION

Civ. A. No. 73-40.

360 F.Supp. 933 (1973)

Paul CLEMENT and R.E.I.C.O., Inc., formerly known as Clement Enterprises, Inc. v. FOUR NORTH STATE STREET CORPORATION et al.

United States District Court, D. New Hampshire.

July 3, 1973.

Attorney(s) appearing for the Case

Thomas E. Craig, Craig, Wenners & Craig, Manchester, N. H., for plaintiffs.

Robert D. Branch, Concord, N. H., for defendant, Four North State Street Corp.

Richard Hampe, Merrimack County Atty., Concord, N. H., Roger Burlingame, Asst. Atty. Gen. for the State of New Hampshire, for defendants, Ronald D. Daniels, Jr., Sheriff of Merrimack County, and Kathleen M. Roy, Register of Deeds for Merrimack County.

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

OPINION

BOWNES, District Judge.

This case presents the question of whether the provisions of Chapter 5111 of the New Hampshire Revised Statutes Annotated, insofar as they permit the prejudgment attachment of real estate without prior notice and hearing, violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

Plaintiff has brought this...

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