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WELSH v. KINCHLA

No. 77-1525.

577 F.2d 767 (1978)

Stanley G. WELSH et al., Plaintiffs, Appellants, v. Richard L. KINCHLA et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 30, 1978.

Attorney(s) appearing for the Case

Richard Wait, Boston, Mass., with whom Franklin M. Walker, Jr., and Choate, Hall & Stewart, Boston, Mass., were on brief, for plaintiffs, appellants.

Gerald Saxe, Falmouth, for defendants, appellees.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiffs filed this suit under 42 U.S.C. § 1983 on February 21, 1973, seeking relief for an alleged violation of federal due process rights resulting from an ex parte attachment of real estate pursuant to procedures then sanctioned by Massachusetts law. At about that time plaintiffs also joined as amici curiae in a suit pending before a three-judge district court challenging the constitutionality of the Massachusetts attachment...

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