ERRETT v. RASMUSSEN

Civ. No. 75-130-2.

414 F.Supp. 402 (1976)

J. W. ERRETT and the Firestone Tire & Rubber Company, Plaintiffs, v. Clark RASMUSSEN, Clerk of the District Court, Polk County, Iowa, et al., Defendants.

United States District Court, S. D. Iowa, C. D.

May 21, 1976.


Attorney(s) appearing for the Case

B. A. Webster and Charles H. Dick, Jr., Des Moines, Iowa, for plaintiff.

Leo E. Gross and Eric F. Schwarz, Des Moines, Iowa, for defendants Kerrigan.

Ray A. Fenton, Polk County Atty., and John H. King, Charles S. Crook, III, and James W. Ramey, Asst. County Atty., Des Moines, Iowa, for defendant Rasmussen.

Before STEPHENSON, Circuit Judge, and HANSON and STUART, District Judges.


HANSON, District Judge.

This lawsuit involves a constitutional challenge to Rule 337 of the Iowa Rules of Civil Procedure, which requires judgment debtors in Iowa to obtain a bond in the amount of 125 percent of the judgment against them, guaranteeing full payment of that judgment, in order to prevent levy and seizure upon their non-exempt assets pending appeal. Plaintiffs assert that this supersedeas bond requirement violates the equal protection and due process...

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