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LECATES v. JUSTICE OF PEACE CT. NO. 4, ETC.

Civ. A. No. 76-295.

423 F.Supp. 1379 (1976)

Richard M. LECATES, Individually and on behalf of all others similarly situated, Plaintiff, v. JUSTICE OF the PEACE COURT NO. 4 OF the STATE OF DELAWARE et al., Defendants.

United States District Court, D. Delaware.

December 23, 1976.

Attorney(s) appearing for the Case

Gary A. Myers, Community Legal Aid Society, Dover, Del., for plaintiff.

Carolyn Berger, Asst. Atty. Gen., Wilmington, Del., for defendants Justice of the Peace Court and Justice of the Peace Short in his official capacity.

John A. Sergovic, Jr., of Tunnell & Raysor, Georgetown, Del., for defendant Sussex Trust Co.

STAPLETON, District Judge:

This is an action brought pursuant to 42 U.S.C. § 1983 which challenges the constitutionality of 10 Del.C. § 9571(b) and § 9572. These provisions of the Delaware Code require a losing defendant in an action brought in a Justice of the Peace Court to post a surety bond within fifteen days of judgment in order to appeal for a trial de novo in the Superior Court.

The complaint alleges that, on May 26, 1976, Sussex...

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