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MELARA v. KENNEDY

No. 74-2831.

541 F.2d 802 (1976)

Carlos MELARA, Plaintiff-Appellant, v. James J. KENNEDY et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied October 8, 1976.

Attorney(s) appearing for the Case

David C. Moon (argued), of San Francisco Neighborhood Legal Assistance Foundation, San Francisco, Cal., Richard A. Weisz, Legal Aid Foundation of Long Beach, Long Beach, Cal., Michael B. Weisz, California Rural Legal Assistance, Marysville, Cal., for plaintiff-appellant.

Jerome J. Suich, II, (argued), San Francisco, Cal., for defendants-appellees and amicus curiae.

Before CHAMBERS and CHOY, Circuit Judges, and VAN PELT, District Judge.

Rehearing and Rehearing En Banc Denied October 8, 1976.

OPINION

CHOY, Circuit Judge:

The issue for consideration on this appeal is whether the extra-judicial sale of stored goods to enforce a warehouseman's lien under California Commercial Code § 7210 is a deprivation, under color of state law, of the due process rights of the owner of those goods. The district court held that it is not. We affirm.

Facts

Carlos Melara's home...

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