NICHOLS v. TOWER GROVE BANK

No. 72 C 677(2).

362 F.Supp. 374 (1973)

Leola NICHOLS, for herself and all others similarly situated, Plaintiff, v. TOWER GROVE BANK, a banking corporation, for itself and all others similarly situated as a class of defendants et al., Defendants.

United States District Court, E. D. Missouri, E. D.

August 7, 1973.


Attorney(s) appearing for the Case

D. Sherman Cox, St. Louis, Mo., for plaintiff.

C. Perry Bascom and Thomas C. Walsh, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for Tower Grove Bank & Trust Co.

John C. Danforth, Atty. Gen., Peter H. Ruger and Mark D. Mittleman, Asst. Attys. Gen., Jefferson City, Mo., for Warren E. Hearnes, etc., James E. Schaeffner, etc. and Gary H. Burmeister.


MEMORANDUM OPINION AND ORDER

REGAN, District Judge.

This case arises out of the "self-help" repossession of an automobile by the holder of a security interest and the subsequent issuance of a "repossessed title." Jurisdiction is premised on Section 1343, 28 U.S.C., on the theory that the suit is authorized by Section 1983, 42 U.S.C. Defendants have moved to dismiss on the ground that we have no jurisdiction.

The facts are not in dispute. In September...

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