NICHOLS v. TOWER GROVE BANK

No. 73-1621.

497 F.2d 404 (1974)

Leola NICHOLS, for herself and all others similarly situated, Appellant, v. TOWER GROVE BANK, a banking corporation for itself and all others similarly situated as a class of defendants, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 13, 1974.


Attorney(s) appearing for the Case

D. Sherman Cox, St. Louis, Mo., for appellant.

C. Perry Bascom, St. Louis, Mo., for Tower Grove Bank.

Mark D. Mittleman, Asst. Atty. Gen., Jefferson City, Mo., for state officials.

Before MATTHES, Senior Circuit Judge, HEANEY, Circuit Judge, and SMITH, Senior District Judge.


PER CURIAM.

The issue on appeal is whether the self-help repossession and sale of appellant's automobile, after appellant defaulted on payments under a contract which provided for repossession and sale, were acts under color of state law giving rise to an action under 42 U.S.C. § 1983.

The District Court held that the actions of the creditor in repossessing and selling were of a private nature and did not amount...

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