COCKEREL v. CALDWELL

Civ. A. No. 7892-A.

378 F.Supp. 491 (1974)

Ezra COCKEREL, Individually and on behalf of all others similarly situated, Plaintiffs, v. Virgil CALDWELL, d/b/a Caldwell's Garage, et al., Defendants.

United States District Court, W. D. Kentucky, Louisville Division.

On Motion to Alter and Amend Order July 17, 1974.


Attorney(s) appearing for the Case

Lawrence S. Elswit, Kurt Berggren, Edward A. Pilkington, Legal Aid Society, Louisville, Ky., for plaintiffs.

Robert Hubbard, Louisville, Ky., for defendant Caldwell.

Boyce F. Martin, Jr., Louisville, Ky., for defendant Hallahan and others.

John A. Fulton, Louisville, Ky., for defendant Caldwell.

Before LIVELY, Circuit Judge, and BRATCHER and ALLEN, District Judges.


MEMORANDUM OPINION AND ORDER

ALLEN, District Judge.

This action, originally testing the constitutionality of K.R.S. 376.270 and 376.280(1), but now limited to a challenge to the latter statute, arises out of the following fact situation:

In October, 1973, plaintiff's 1965 Chevrolet Station Wagon was towed to a Texaco Station in Henryville, Indiana. Plaintiff sought the assistance of defendant Virgil Caldwell, a garageman located in Louisville, Kentucky...

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