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TORRES v. FIRST STATE BANK OF SIERRA COUNTY

No. 76-1188.

550 F.2d 1255 (1977)

Pas P. TORRES, Jr., Plaintiff-Appellant, v. FIRST STATE BANK OF SIERRA COUNTY, a New Mexico Banking Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 3, 1977.

Attorney(s) appearing for the Case

Frederick A. Smith, Truth or Consequences, N.M., for plaintiff-appellant.

George J. Hopkins, Albuquerque, N.M. (Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N.M., and Buhler, Smith, Fitch & Stout, Truth or Consequences, N.M., on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant Torres sued under 42 U.S.C. § 1983 to secure redress for deprivation of his constitutional rights by defendant-appellee First State Bank of Sierra County. The district court sustained defendant's motion to dismiss for failure to state a claim. Plaintiff appeals. We reverse.

Torres was a franchised automobile dealer in New Mexico. Without any notice to Torres, and without the service of any process on him...

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