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LINDSEY v. GREENE

No. 79-3477.

649 F.2d 425 (1981)

Linnie LINDSEY, Barbara Hodgens and Pamela Ray, Plaintiffs-Appellants, v. Joseph GREENE and Unknown Deputy Sheriffs, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 18, 1981.

Attorney(s) appearing for the Case

Betsey B. Swan, Legal Aid Soc. of Louisville, Robert Frederick Smith, Louisville, Ky., for plaintiffs-appellants.

William L. Hoge, III, Asst. Jefferson County Atty., John Swain, Harry E. Sykes, Louisville, Ky., for defendants-appellees.

Before KEITH and MERRITT, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

MERRITT, Circuit Judge.

This case presents the single issue of the constitutionality of a Kentucky statute that allows constructive service of process by posting in forcible entry and detainer actions. The statute, Ky.Rev.Stat. § 454.030, states:

If the officer directed to serve notice on the defendant in forcible entry or detainer proceedings cannot find the defendant on the premises mentioned in the writ,...

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