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McCOMB EQUIPMENT CO., INC. v. COOPER

No. 51256.

370 So.2d 1367 (1979)

McCOMB EQUIPMENT COMPANY, INC. v. Charles COOPER et al.

Supreme Court of Mississippi.

May 16, 1979.

Attorney(s) appearing for the Case

C. Ashley Atkinson, McComb, for appellant.

Walker J. Carney, Jr., Gloster, H.E. Horne, Jr., Centreville, for appellees.

Before PATTERSON, BROOM and BOWLING, JJ.

PATTERSON, Chief Justice, for the Court:

This is an appeal to determine the constitutionality of self-help repossession as permitted to secured creditors under Mississippi Code Annotated section 75-9-503 (1972), the Uniform Commercial Code, as follows:

Unless otherwise agreed a secured party has on default the right to take possession of the collateral. In taking possession a secured party may proceed without judicial process if this can be done without breach...

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