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NOWLIN v. PROFESSIONAL AUTO SALES, INC.

Nos. 73-1348 and 73-1450.

496 F.2d 16 (1974)

Mickey NOWLIN and Arlene Nowlin, Appellants, v. PROFESSIONAL AUTO SALES, INC., Appellee, and Dennis Henson, d/b/a M. W. S. Recovery Service, Intervenor. Leroy MAYHUGH, Appellant, v. BILL ALLEN CHEVROLET CO. and General Motors Acceptance Corp., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 25, 1974.

Attorney(s) appearing for the Case

Terrence J. Ferguson, (argued) and R. Ladd Lonnquist, Robert S. Catz, Legal Aid Society of Omaha-Council Bluffs, Inc., Omaha, Neb., Michael B. Weisz, (argued) Legal Aid Society of San Diego, Inc., San Diego, Cal., Richard A. Weisz, Legal Aid Foundation of Long Beach, Long Beach, Cal., for Mickey Nowlin and Arlene Nowlin.

James A. Hogan, Bernard Walsh, Jr., (argued), Michael C. Washburn, Robert A. Skochdopole, (argued) and Lyman L. Larsen, Omaha, Neb., for Professional Auto Sales et al.

Charles C. Shafer, Jr. and Howard Chamberlin, Kansas City, Mo., for Leroy Mayhugh.

James W. Benjamin, Paul Scott Kelly, Jr., (argued) and Lucian Lane, Courtney W. Perkins, Kansas City, Mo., for Bill Allen Chevrolet et al.

Before LAY and HEANEY, Circuit Judges, and HARPER, Senior District Judge.

PER CURIAM.

These two cases were consolidated for argument. In each, the issue on appeal is whether the self-help repossession of plaintiffs' motor vehicles, after plaintiffs defaulted on payment contracts which provided for such repossession, were acts under color of state law, thus creating a cause of action under 42 U.S. C. § 1983. Plaintiffs' contentions are that enactment of §§ 9-503 and 9-504 of the Nebraska Commercial Code and §§ 400...

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