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BRIERE v. AGWAY, INC.

Civ. A. No. 76-41.

425 F.Supp. 654 (1977)

Claude BRIERE and Gladys Briere v. AGWAY, INC. and Stanley T. Williamson, Sr.

United States District Court, D. Vermont.

January 12, 1977.

Attorney(s) appearing for the Case

Jon R. Eggleston and David M. Yarnell, Kissane & Heald Associates, St. Albans, Vt., for plaintiffs.

Lawrence Miller and A. Hays Butler, Miller & Norton, Rutland, Vt., for defendant Agway, Inc.

Philip J. Fitzpatrick, Jeffersonville, Vt., for defendant Stanley T. Williamson, Sr.

Before OAKES, Circuit Judge, and HOLDEN and COFFRIN, District Judges.

COFFRIN, District Judge.

This action, brought pursuant to 42 U.S.C. § 1983,1 challenges the constitutionality of Rule 4.12 of the Vermont Rules of Civil Procedure and its companion statute, 12 Vt.Stat.Ann. §§ 3251-52,3 insofar as they provide for the nonpossessory prejudgment attachment of personal property.

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