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LECATES v. JUSTICE OF PEACE COURT NO. 4, ETC.

No. 80-1159.

637 F.2d 898 (1980)

Richard M. LECATES, individually and on behalf of all others similarly situated, Appellant, v. JUSTICE OF the PEACE COURT NO. 4 OF the STATE OF DELAWARE; Justice of the Peace Horace W. Short, individually, in his official capacity, and as a representative of all Justices of the Peace of the State of Delaware and Sussex Trust Company, a corporation of the State of Delaware, real party in interest.

United States Court of Appeals, Third Circuit.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Gary A. Myers (argued), Staff Atty., Community Legal Aid Society, Inc., Georgetown, Del., for appellant.

Donald L. Bruton (argued), Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for appellees.

Before ADAMS, HUNTER and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The State of Delaware maintains a two-tier trial court system. It is comprised of courts of record, presided over by legally trained judges, and justice of the peace courts, staffed by magistrates with no legal training. An unsuccessful party in a justice of the peace court is entitled to a trial de novo in Superior Court, but a losing defendant must first post a surety...

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