Susan MASON, individually and on behalf of all others similarly situated,
v.
M. D. GARRIS, individually and d/b/a Ansley Mall Exxon Service Station; and Elgin Mitchell, individually, and in his capacity as Marshal of State Court of Cobb County, Georgia, on behalf of himself and all others similarly situated.
Lamar ALLEN and Virginia Davidson, individually and on behalf of all others similarly situated,
v.
Luther ROSSER, individually and d/b/a Vine City Garage; and H. R. Cawthon, individually, and in his capacity as Marshal of Civil Court of Fulton County, Georgia, on behalf of himself and all others similarly situated.
United States District Court, N. D. Georgia, Atlanta Division.https://leagle.com/images/logo.png
September 24, 1973.
September 24, 1973.
Attorney(s) appearing for the Case
Robert E. Stagg, Robert N. Dokson, David A. Webster, Steven Gottlieb, Atlanta, Ga., for plaintiffs.
Edwards, Awtrey & Parker, Marietta, Ga., for Mitchell.
Archer, Patrick & Sidener, Charles F. Reeves, East Point, Ga., for Cawthon.
Arthur K. Bolton, Atty. Gen., Andy Owen, Asst. Atty. Gen., Atlanta, Ga., for State of Ga., amicus curiae.
Before MORGAN, Circuit Judge and EDENFIELD and FREEMAN, District Judges.
United States District Court, N. D. Georgia, Atlanta Division.
PER CURIAM:
By its order of June 21, 1973 this three-judge court, 360 F.Supp. 420, declared that Ga.Code Ann. § 67-2401 is unconstitutional because it provides for foreclosure of liens on personal property without due process of law, and also declared unconstitutional that portion of Ga.Code Ann. § 68-423a which provides that foreclosure on mechanics' liens must be in the manner provided by Ga. Code Ann. § 67-2401...
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