THOMPSON v. KEESEE

No. 1555.

375 F.Supp. 195 (1974)

Jack THOMPSON and Judy Thompson, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. Charles KEESEE, Sheriff, Pike County, Kentucky, as representative of a class, and the B. & L. Maytag Company, of Pikeville, Kentucky, Defendants.

United States District Court, E. D. Kentucky, Pikeville Division.

May 7, 1974.


Attorney(s) appearing for the Case

Bertram Ervin Brown, II, John M. Rosenberg, Kent Hull, Prestonsburg, Ky., for plaintiffs.

R. Roland Case, Kelsey E. Friend Law Firm, Pikeville, Ky., for defendants.

Before LIVELY, Circuit Judge, MOYNAHAN, Chief District Judge, and HERMANSDORFER, District Judge.


OPINION

PER CURIAM.

Four specific provisions of the Kentucky Revised Statutes (KRS) touching upon creditors' rights are challenged in this proceeding: KRS 425.120, 355.9-503, 355.9-504(1) and 355.9-505(2). We find that the attack upon KRS 425.120 is well made but that this three judge court lacks jurisdiction to consider the argument of invalidity as to the provision of Kentucky's Uniform Commercial Code enactments.

The facts are simple and undisputed...

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