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MENCHACA v. CHRYSLER CREDIT CORP.

No. 77-3186.

613 F.2d 507 (1980)

Tomas MENCHACA and wife, Irma Menchaca, Plaintiffs-Appellants, v. CHRYSLER CREDIT CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 7, 1980.

Attorney(s) appearing for the Case

J. G. Hornberger, Jr., J. G. Hornberger, Laredo, Tex., for plaintiffs-appellants.

Horace C. Hall, III, Laredo, Tex., for City of Laredo and Blume.

George P. Kazen, Richard N. Hansen, Laredo, Tex., for Chrysler Credit Corp.

Before AINSWORTH, INGRAHAM and GARZA, Circuit Judges.

INGRAHAM, Circuit Judge:

This appeal emerges from a dispute surrounding the presence of the defendant police officers during the course of a repossession of plaintiffs' automobile by agents of defendant Chrysler Credit Corporation. Plaintiffs' civil rights complaint under 42 U.S.C. § 1983 was the subject of a motion to dismiss for lack of the requisite subject matter jurisdiction. The district court held a hearing and found that the necessary state action element...

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