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JOHNSON v. TOWN OF TRAIL CREEK

No. S90-277 (RLM).

771 F.Supp. 271 (1991)

John JOHNSON, Plaintiff, v. TOWN OF TRAIL CREEK, et al., Defendants.

United States District Court, N.D. Indiana, South Bend Division.

July 22, 1991.

Attorney(s) appearing for the Case

Ivan E. Bodensteiner, Valparaiso, Ind., for plaintiff.

Scott H. Duerring, Michigan City, Ind., for defendants.

MEMORANDUM AND ORDER

MILLER, District Judge.

The defendants' motion to dismiss requires the court to determine whether an alleged violation of the Consumer Credit Protection Act, 15 U.S.C. § 1674(a), can form the basis for a claim under 42 U.S.C. § 1983, and whether a Consumer Credit Protection Act violation occurs if an employer discharges an employee due to the prospect of a wage garnishment order, but before any wages have been deducted from...

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