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LUGAR v. EDMONDSON OIL CO., INC.

No. 78-1717.

639 F.2d 1058 (1981)

Giles M. LUGAR, Appellant, v. EDMONDSON OIL COMPANY, INC.; Ronald L. Barbour, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1981.

Attorney(s) appearing for the Case

Robert L. Morrison, Jr., Danville, Va., for appellant.

H. Victor Millner, Jr., Chatham, Va. (Vansant, Millner & Vines, Chatham, Va., on brief), and Jackson L. Kiser, Martinsville, Va. (Young, Kiser, Haskins, Mann, Gregory & Young, Ltd., Martinsville, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN and SPROUSE, Circuit Judges, sitting en banc.

JAMES DICKSON PHILLIPS, Circuit Judge:

Giles M. Lugar appeals the dismissal of his 42 U.S.C. § 1983 action in which he had alleged that the defendants as private party debt claimants in a state court action had maliciously invoked against him state prejudgment attachment procedures which resulted in the seizure of his property under a levy that was later set aside in the state proceeding because not supported on the facts shown. Claiming that the seizure by levy...

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