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BETTS v. RELIABLE COLLECTION AGENCY, LTD.

No. 79-4519.

659 F.2d 1000 (1981)

Patricia BETTS and Donald Musumeci, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. RELIABLE COLLECTION AGENCY, LTD., a Hawaii corporation, individually and on behalf of all persons similarly situated; Clayton K. O. Tom, Defendants-Appellants, Helen Coltes, in her capacity as Clerk of the District Court of the First Circuit, State of Hawaii, Defendant-Appellant, and Hawaiian Collectors Associations, Inc., Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1981.

Attorney(s) appearing for the Case

James H. Dannenberg, Deputy Atty. Gen., Honolulu, Hawaii, for defendants-appellants.

Stanley E. Levin, Honolulu, Hawaii, argued, for plaintiffs-appellees; Paul Alston, Honolulu, Hawaii, on brief.

Before KILKENNY, SNEED and FARRIS, Circuit Judges.

KILKENNY, Circuit Judge:

This is an appeal of a class action where the district court declared Haw.Rev.Stat. § 652-1(b), the Hawaiian post-judgment garnishment statute,1 unconstitutional. Previously, in Betts v. Tom, 431 F.Supp. 1369 (D.Hawaii 1977),2 the Hawaiian district court had held this statute to be unconstitutional insofar as it permitted the issuance...

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