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JOHNSON v. AMERICAN CREDIT CO. OF GEORGIA

No. 76-2869.

581 F.2d 526 (1978)

Donna M. JOHNSON, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. AMERICAN CREDIT COMPANY OF GEORGIA, Jeff F. Dickey, Clerk of the State Court of Chatham County, Georgia, and his Agents, Deputies and Assigns, in their official capacities, Walter Mitchell, Jr., Sheriff of the State Court of Chatham County, Georgia, and his Agents, Deputies and Assigns, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 6, 1978.

Attorney(s) appearing for the Case

Steven Gottlieb, Savannah, Ga., Charles M. Baird, Georgia Legal Services Program, Atlanta, Ga., for plaintiff-appellant.

John W. Hendrix, Savannah, Ga., for American Credit Co. of Ga.

Anton F. Solms, Jr., Savannah, Ga., Gordon B. Smith, Savannah, Ga., for defendants-appellees.

Before WISDOM, TJOFLAT and VANCE, Circuit Judges.

WISDOM, Circuit Judge:

Donna M. Johnson appeals from a district court order dismissing her action without prejudice. We reverse the district court, reach the merits of her claim, and find that the Georgia prejudgment attachment scheme does not comport with the procedural due process requirements of the Fourteenth Amendment of the United States Constitution.

I.

In April 1973, American Finance Company financed Johnson's purchase of an automobile. In...

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