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ROSCOE v. BUTLER

Civ A. Nos. 72-791-N and 72-1268-N.

367 F.Supp. 574 (1973)

James Clarence ROSCOE, Individually and on behalf of all others similarly situated, v. J. Jerome BUTLER, Chief Constable, L. Zimmerman, Deputy Constable, District Court of Maryland, Individually and on behalf of all others similarly situated. Julene WRIGHT, Individually and on behalf of all others similarly situated, v. J. Jerome BUTLER, Chief Constable, District Court of Maryland, Individually and on behalf of all others similarly situated.

United States District Court, D. Maryland.

December 3, 1973.

Attorney(s) appearing for the Case

Marilyn Fisher and Alan S. Davis, Law Reform Unit, Legal Aid Bureau, Inc., Baltimore, Md., for plaintiffs.

Francis B. Burch, Atty. Gen., of Maryland and Thomas G. Young, Asst. Atty. Gen., of Maryland, Baltimore, Md., for defendants.

Before WINTER, Circuit Judge, NORTHROP, Chief District Judge, and MURRAY, District Judge.

NORTHROP, Chief District Judge.

The plaintiffs instituted these suits as class actions, each challenging the constitutionality of attachment upon original process after two summonses have been returned non est, as authorized by the Annotated Code of Maryland, Article 9, Section 1(b) (Cum.Supp.1972) and Maryland District Court Rules G40 et seq., on the grounds that this procedure violates the due process clause of the fourteenth amendment. The plaintiffs request...

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