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BUNTON v. FIRST NATIONAL BANK OF TAMPA

No. 73-350 Civ. T-K.

394 F.Supp. 793 (1975)

Charles D. BUNTON, Individually, and as a class for all those similarly situated, Plaintiff, v. FIRST NATIONAL BANK OF TAMPA, a national banking corporation, et al., Defendants.

United States District Court, M. D. Florida, Tampa Division.

April 18, 1975.

Attorney(s) appearing for the Case

Andrew J. Mirabole, Dennis G. Diecidue, Tampa, Fla., for plaintiff.

John P. Ingle, III, Asst. Atty. Gen., Dept. of Legal Affairs, Civ. Div., Tallahassee, Fla., for defendants.

Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for 1st National.

Fowler, White, Gillen, Boggs, Villereal of Banker, P.A., Tampa, Fla., for First Fed.

Cason, McWhirter, Henderson & Stokes, Tampa, Fla., for Taylor.

Before RONEY, Circuit Judge, and KRENTZMAN and HODGES, District Judges.

ORDER

KRENTZMAN, District Judge.

This is a civil rights action brought by the plaintiff pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart 28 U.S.C. § 1343(3) to declare unconstitutional the Florida statutory pre-judgment garnishment procedure as set out in Fla.Stat.Ann. §§ 77.031, 77.04, and 77.06 et seq. Plaintiff alleges that the Florida pre-judgment garnishment provisions violate the Due Process Clause of the Fourteenth...

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