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BICHEL OPTICAL LAB., INC. v. MARQUETTE NAT. BK. OF MPLS.

No. 73-1330.

487 F.2d 906 (1973)

BICHEL OPTICAL LABORATORIES, INC., Plaintiff-Appellant, v. The MARQUETTE NATIONAL BANK OF MINNEAPOLIS, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 7, 1973.

Rehearing Denied December 6, 1973.

Attorney(s) appearing for the Case

James B. Lund, Minneapolis, Minn., for plaintiff-appellant.

Stephen Winnick, Minneapolis, Minn., for defendant-appellee.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

This appeal raises the question of whether seizure by defendant-appellee bank of plaintiff-appellant borrower's funds and collateral in the form of accounts receivable without foreclosure or notice is an act under color of state law, thus giving rise to a claim under 42 U.S.C. § 1983. The trial court found that the alleged seizure by appellee bank did not constitute governmental action. See Bichel Optical Laboratories, Inc. v...

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