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GORDON v. PETE'S AUTO SERVICE OF DENBIGH, INC.

No. 09-2393.

637 F.3d 454 (2011)

Andre GORDON, Plaintiff-Appellant, v. PETE'S AUTO SERVICE OF DENBIGH, INCORPORATED, Defendant-Appellee. United States of America, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 14, 2011.

Attorney(s) appearing for the Case

ARGUED: Rebecca Sue Colaw , Rebecca S. Colaw, PC, Suffolk, Virginia, for Appellant. Nathaniel S. Pollock , United States Department of Justice, Washington, D.C., for Amicus Supporting Appellant. Richard Roston , Lowell A. Stanley, PC, Norfolk, Virginia, for Appellee. ON BRIEF: William M. McKee , William M. McKee & Associates, Norfolk, Virginia, for Appellee. Thomas E. Perez , Assistant Attorney General, Dennis J. Dimsey , Civil Rights Division, Appellate Section, United States Department of Justice, Washington, D.C., for Amicus Supporting Appellant.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge GREGORY and Judge WYNN joined.

OPINION

WILKINSON, Circuit Judge:

In this case, a member of the United States Navy seeks to recover damages from the company that allegedly towed and sold his SUV while he was deployed. The plaintiff initially claimed that § 307 of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. app. § 537, which prohibits enforcement of liens against servicemembers during military service, afforded him an implied private right of action for monetary damages...

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