MOJICA v. AUTOMATIC EMPLOYEES CREDIT UNION

No. 72 C 686.

363 F.Supp. 143 (1973)

Hermogenes MOJICA et al., Plaintiffs, v. AUTOMATIC EMPLOYEES CREDIT UNION et al., Defendants.

United States District Court, N. D. Illinois, E. D.

August 16, 1973.


Attorney(s) appearing for the Case

James O. Latturner, Michael Fitch, Chicago, Ill., for plaintiffs.

Max E. Wildman, Chicago, Ill., for Wood Acceptance Corp.

Kvistad & Dunn, Chicago, Ill., for Automatic Employees Credit Union.

Harris, Burman, & Silets, Chicago, Ill., for Car Credit Corp. and Overland Bond Investment Corp.

Gann, McIntosh, Flaherty, & Parker, Chicago, Ill. and William B. Davenport and Albert E. Jenner, Jr., Jenner & Block, Chicago, Ill., for Mercantile National Bank.

Aaron J. Kramer, Chicago, Ill., for Ford Motor Credit Co., amicus curiae.

Tenney, Bentley, Howell, Askow, & Lewis, Chicago, Ill., for Illinois Bankers Assn., amicus curiae.

Before SWYGERT, Chief Judge, and AUSTIN and McGARR, District Judges.


MEMORANDUM OPINION and JUDGMENT ORDER

AUSTIN, District Judge.

This action seeks a declaratory judgment that the automobile repossession and resale provisions of the Illinois Commercial Code are unconstitutional and further requests a permanent injunction against their enforcement. Plaintiffs contend that the statutes in question violate their rights, under the fourth, fifth, and fourteenth amendments, to notice...

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