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SMALL ENGINE SHOP, INC. v. CASCIO

No. 88-4636.

878 F.2d 883 (1989)

SMALL ENGINE SHOP, INC., Plaintiff-Appellant, v. Concetta Cangelosi CASCIO, et al., Defendants, Don Hathaway, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 4, 1989.

Attorney(s) appearing for the Case

F. John Reeks, Bodenheimer, Jones, Klotz & Simmons, Shreveport, La., for plaintiff-appellant.

Curtis R. Shelton, Edwin L. Blewer, Samuel V. Prunty, Jr., Cook, Yancey, King & Galloway, Shreveport, La., for defendant-appellee.

Before GOLDBERG, REAVLEY and JONES, Circuit Judges.

GOLDBERG, Circuit Judge:

Appellant, Small Engine Shop, has propelled us to confront a sizable issue arising under the Due Process Clause of the Fourteenth Amendment. A Louisiana statute allows "any person" to request actual notice in advance of the seizure of specific immovable property by filing the request in the mortgage records of the parish in which the property is located. La.Rev.Stat.Ann. 13:3886 (West supp.1989). In Mennonite Board of Missions v. Adams...

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