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LAUBINGER v. DEPARTMENT OF REVENUE

No. 95-P-1441.

41 Mass. App. Ct. 598 (1996)

RICHARD LAUBINGER & others v. DEPARTMENT OF REVENUE & another.

Court of Appeals of Massachusetts, Plymouth.

November 14, 1996.

Attorney(s) appearing for the Case

Joyce Laubinger, pro se.

Salvatore M. Giorlandino, Assistant Attorney General (Brad Kramer with him) for the Department of Revenue & another.

Present: DREBEN, GILLERMAN, & LAURENCE, JJ.

DREBEN, J.

Richard Laubinger and his second wife, Joyce, acting pro se, brought this action under 42 U.S.C. § 1983 (1994) against the Department of Revenue (department) to recover monies seized, allegedly in violation of due process, from their joint bank and credit union accounts. The funds were taken, without notice to Joyce, to satisfy Richard's child support arrearages to the children of his prior marriage to Elizabeth. The plaintiffs claimed damages for...

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