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WESTERN FOOD PLAN, INC. v. MacFARLANE

No. 77-1343.

588 F.2d 778 (1978)

WESTERN FOOD PLAN, INC., a Utah Corporation, Plaintiff-Appellant, v. J. D. MacFARLANE, Colorado Attorney General, and D. P. Cronin, Manager of Safety and Ex-Officio Sheriff of the City and County of Denver, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided December 4, 1978.

Attorney(s) appearing for the Case

John M. Cogswell and Phyllis Cox Werkman of Cogswell, Chilson, Dominick & Whitelaw, Denver, Colo., for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Mary J. Mullarkey, First Asst. Atty. Gen., Appellate Section, and David K. Rees, Asst. Atty. Gen., Appellate Section, Denver, Colo., for defendants-appellees.

Before DOYLE and LOGAN, Circuit Judges, and STANLEY, Senior District Judge.

WILLIAM E. DOYLE, Circuit Judge.

Western Food Plan, Inc. brought an action in the District Court seeking injunctive relief and damages pursuant to 42 U.S.C. § 1983. The complaint alleges that the Attorney General, defendant in the case, filed a consumer action in state court pursuant to C.R.S.1973, § 6-1-101 et seq. and brought about the issuance of a writ of attachment in that suit against the Micron Corporation, which is a subsidiary or parent,...

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